Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698944338201.pdf (Uganda)
PARLIAMENT OF UGANDA 1OTH PARLIAMENT REPORT OF THE STANDING COMMIT'TEE ON HI,}MAN RIGHTS ON THE R.ECOMMTNDATIONS OF THE 2OTH ANNUAL RTPORT OF THE UGANDA HI'MAN RIGHTS COMMISSION OFFICE OF THE CLERI< TO PARLIAMENT PARIJAMENT BUILDING KAMPAI.A-UGANDA FTBRUARY 2021 1 TABLE OF CONTENTS Executive surnmary...., PAGE 5 1.O 2.O 3.O 3.1 3.2 3.3 s.4 3.5 3.6 3.7 3.8 3.9 3.10 3.1 1 3.12 3.13 3.14 .........,...6 .............6 .....,...........19 Introduction Methodology Committee Observations and Recommendations,.................7 The Uganda Police Force.
..............7 The Ministry of Public Service...,.,..
The Ministry of Trade and Industry .........,.,.,..,.21 The Ministry of Gender, Labour and Social Development.....22 The Ministry of Internal Affairs......... ......,........37 The National Identification and Registration Authority......,38 The Ministry of Health..... .......,....39 Lotteries and Gaming Regulatory Board.......,............,..........44 Ministry of Energy and Mineral DeveIopment......................45 Ministry of Water and Environment.....................,.........,.,...46 The National Forestry Authority..,.. ,.....,.........,46 The Uganda Wildlife Authority..... OIIlce of the Prime Minister...,.........,... Uganda Law Reform Commission ....................47 ....,......,48 ....................,.5O L e@"tt"t it' \ r-, \^ 2 / ABBREVIATIONS AND ACROI TMS ADR AG CAO CAT CID CMI CSOs DPP GoU HRE HRDs ICCPR ILO JLOS JSC LCs MDAs MIA MOD Alternative Dispute Resoiution Attorney General Chief Administrative Offi cer Convention against Torture Criminal Investigations Directorate Chieftaincy of Military Intelligence Civil Society Organizations Directorate of Public Prosecutions Government of Uganda Human Rights Education Human Rights Defenders International Covenant on Civil and Political Rights International Labour Organisation Justice, Law and Order Sector Judicial Service Commissron Local Councils Ministries, Departments and Agencies Ministry of Internal Affairs Ministrv of Defence r i-/ 3 MOGLSD Ministry of Gender, Labour and Social MOJCA NITA_U PPIA PWDs SAGE UCC UHRC UN UPDF UPF UPS ULRC \( Development Ministry of Justice and Constitutional Affairs National Information Technolory Authority Prohibition and Prevention of Torture Act, 2012 (PPTA) Persons with Disabilities Senior Citizens Grant for Empowerment Uganda Communications Commission Uganda Human Rights Commission United Nations Uganda Peoples Defence Forces Uganda Police Force Uganda Prisons Service Uganda La';r, Reform Commission @,.c'1 C )<' 4 EXECUTIVE SUMMARY In accordance with Article 52(2) of the Constitution of the Republic of Uganda, the Uganda Human Rights Commission (UHRC) is required to publish periodic reports on its Iindings and submit annual reports on the state of human rights and freedoms in the Country.
The 2ofr Annual Report, 2017 ol the Uganda Human Rights Commission was laid before the House and referred to the Committee on Human Rights for further scrutiny, in accordance with Rule 182 (c) of the Rules of Procedure of Parliament.

The report is primarily informed by; the complaints received by the Commission, investigations conducted; inspections of detention facilitics, human rights education and outreach activities.
Furthermore, the report is based on information arising out of monitoring; the state of food security in Uganda, thc right to palliative care, right to fair and speedy hearing in the criminal justice system, increased occurrence of insecurity, land disputes and children's rights.

The report makes reference to information provided during interviews, focus group discussions and UHRC stakeholder's engagements.

Where relevant, reference to secondary information has been made.
I beg that the Report of the Committee on Human Rights on the 20frAnnua1 this House and Report, 2Ol7 of the UHRC be considered recommendations therein adopted.
I beg to move @^-, o v\-> ( 5 REPORT OF THE COMMITTEE ON HUMAN RIGHTS ON THE 2OTH ANNUAL REPORT OF THE UGANDA HUMAN RIGHTS COMMISSION: 1.O Introduction: In accordance with Article 52(2) of the Constitution of the Republic of Uganda, the UHRC is mandated to publish periodic reports on its findings and submit annual reports on the state of human rights and freedoms in the country.
Rule 182 of the Rules of Procedure mandates the Committee on Human Rights to examine the recommendations in the Uganda Human Rights Commission Reports and ensure that Government is held accountable in this regard.

The Committee has considered the Report, and now wishes to report.

2.O Methodology: (i) In considering the UHRC Report, the Committee held meetings and also received responses from the following Ministries, Departments and Agencies (MDAs) which are covered in this report.
(i) (ii) (iii) (i") (v) (vi) Uganda Poiice Force Ministry of Public Service Ministry of Trade and Industry Ministry of Gender, Labour and Social Development Ministry of Internal Affairs National Identification and Registration Authority (vii) Ministry of Health (viii) Lotteries and Gaming Regulatory Board (ix) (x) (xi) Ministry of Energr and Mineral Development Ministry of Water National Forestry Authority @-r--,4 (xii) Uganda Wildlife Authority xiii) Office of the Prime Minister (xiv) Law Reform Commission r-',*,-i- I{ 6 l J I ( (ii) The Committee also visited Shelters for people affected by Gender Based Violence in Masaka and Jinja.
3.O COMMITTEE OBSERVATIONS AND RECOMMENDATIONS ON THE UHRC RECOMMENDATIONS CONTAJNED IN THE ?OT,I ANNUAL REPORT, 2OT7 IN RESPE'CT TO THE VARIOUS GOVERNMENT INSTITUTIONS.

THE UGANDA POLICE FORCE 3.1 3.


1.1 Recommendations by the Uganda Human Rights Commission The Uganda Human Rights Commission made the following recommendationsl a) The Right to a Fair Hearing in the criminal justice system in Uganda a a The UPF should prioritise the welfare of police officers and training of police officers in specialized and scientific criminal investigations.

The UPF should desist from parading suspects before the media.
bf The Right to Security of Person and increased occurrence of violent crimes a a a a The Uganda Police Force should increase security presence and foot patrols in the villages and highly populated places.

The Uganda Police Force should adequately facilitate its officers with the required tools and equipment to effectively perform their duties.

The Criminal Investigations Directorate of the Uganda Police Force n .

,.

.

should investigate and conclude all pending high-profile cases.
,N') The Uganda Police Force should adopt modern technolory like CCTV cameras and modern forensic investigation technologr to curb and p event violent crimes.

c-, 7 The UPF should strengthen and adequately facilitate the Professional Standards Unit.

The Criminal Investigations Directorate should undertake evidence-led investigations as opposed to mass arrests.

a a a UPF should release its current and previous annual crime reports.
UPF should conduct refresher courses and training especially for investigators.

Undertake security deployments that optimize human resource utilization.
Make physical regular inspection and audit of firearms in all security agencies Emerging Human Riehts Concerns Sexual Violence and Exploitation Against Chlldren in Schools a The Uganda Police Force together with the Ministry of Justice and c Prosecutions and i Constitutional Affairs, the Directorate of Publi conjunction with Ministry of Local Government should ensure sp prosecution of perpetrators of sexual violence.
Land Disputes and Human Rights in Select Regions Tracing the Nexue he Country: a a a Uganda Police Force should not take sides while handling land matters.

Intensify community policing so that a vast number of people can be reached.

Exercise professionalism in executing court orders relating to evlctrons.
Together with other security agencies, avoid tqking sides on matters- z&^*-.^ VW@- I (J"*:5-'" J B 3.1.2 RESPONSES BY THP UGANDA POLICE FORCE The Uganda Police Force made the following responses in respect of the recommendations made by the UHRC THE RIGHT TO SECURITY OF PERSON AND INCREASED OCCURANCE OF VIOLENT CRIMES i) UPF should increase security presence and foot patrols in the villages and htghly populated places.
This call is being adhered to and so far the following mechanisms have been re-established and revived a) The 999 system, The system has been re-constituted to provide a robust 999 Patrol System together with the Call Centre System which will be integrated into the CCTV project.

The call centre system will be decentralized up to the police station level where members of the public in a particular locality can make direct communication without going through the headquarters.
The call centres shall be linked with standby/ alert teams, foot and motorized (M/Vs and M/cycles) patrol teams, LDUs, Look-out tea through radio communication.

b) The Flying Squad Unit, The unit has been restructured and staffed with profe sslonaI personnel and it is now linked to the 999 system.

However, there is still a major challenge of lack of specialized equipment such as tracking devices and body cameras.

cf The Local Council chairpersons.


The revival of the local council system at village levels is now in piace and plays a great role in checking insecurit5r at the lowest levels as they constitute the first point of call.

df Fire arm marking/ identification .

The exercise of marking/ identifying fire arms started on 18fr September 2018.

It will cover all {irearms in government (UPF, UPDF, UPS &UWA), Private Security Organizations and licensed "1 firearm holders.
o A central databank is being created to make it easy investigators to identifi, the type of firearm used and trace origin when crimes involving guns are committed 7 9 el Installation of CCTV cameras The project implementation commenced on 16ft June 2018 and will cover the whole Country but in a phased approach.

Phase I: This covered the Kampaia Metropolitan Policing Area (Kampala, Wakiso and Mukono) and they are currently at 98o/o coverage.
Monitoring Centres Construction of the National Command Centre at Naguru was concluded and is now fully operational.

They also have a fully-fledged monitoring centre at Nateete Police Station, the network is linked to 18 Divisional and 83 District station monitoring centers.

Phase II Phase II commenced in November 2019, targeting selected 27 municipal headquarters around the country.

Out of which 12 have so far been covered.


They expect to conclude this phase by 30tt' October 2020. f) Recruitment of LDUs The exercise commenced on 25 Sep 2018 in all the divisions of Kampala and in Trading Centers along Highways and major highways and routes in Wakiso and Mukono districts.

The UPDF was the lead Agency.

However, in spite of the above efforts and measures, the force sta stands at 6Ook and this leaves a big vacuum ol 4OVo.

Committee obsenrations 1 .


The Committee observes that firearms have been in the hands of ordinary citizens without a proper data bank on the various types of guns, who holds them and where they originated from.

This has led to difhculties in tracing the perpetrators of crimes where guns have been used.
However, the construction of a National Command Centre, the firearm marking exercise and efforts by the UPF to integrate and decentralize the recently re-constituted 999 patrol system and call centre system into the CCTV project are a step in the right direction.

C*€-^t,.\ 2 3 4 A robust CCTV system will enhance the Police Force's ability to monitor security and ably avert and/ respond to any criminal incidents in any location in the country.
Identification and marking of firearms will help curtail i1legal use of hrearms by individuals.

Although the UPF has undertaken efforts to improve its capacity for instance through recruitment of Local Defence Unit (LDUs) personnel many reports point LDUs involvement in criminal activities as +--..-- 10 5 as abuse and torture of civilians in the areas in which thev are deployed.
The Committee observes that although LDUs are supposed to beef up the Police Force, it is the UPDF that is a lead agency in recruiting LDUs which, makes it difficult to determine who is accountable for their actions.

Recommendations: 1.

The existing Police surveillance system should be used to complement and not teplace routine policing and investigations.

2.
2.

The Ministry of Internal Affairs should ensure that UPF receives adequate financing for specialized equipment such as tracking devices in order to enhance the patrol systen, which is critlcal for crime preventlon and deterrence.

3.

UPF should promptly and thoroughly investigate reports of abuee by local defence unit personnel and punish the perpetrators.
Further, uniform standards regarding the criminal background 'acceptable'for LDU recruits should be created so that indivlduals with a criminal past are not recruited.

4.

The Committee recommends that UPF fast tracks the completion of the creation of the data bank.

5.

The UPF should recruit more police officers to beef up the numbers.

'r'.

(iil UPF should adequately facilitate its offrcers with and equipment to effectively perform thelr duties.
required tools The UPF informed the Committee that in equipping its officers with the req general infrastructure to support operat ;r / uniform and uniform parts r' Feeding in operational areas / Buttons & handcuffs / car:.ine services the institution has made big strides uired tools and equipment for the ions by providing the following; fuel for RPCs, DPCs and other administrator9 11 /,) l, ;i, H r' motor vehicles and motor cycles for transport for quick response / training of detectives to improve investigations / Increased coverage of fire and rescue services in most major towns across the country.
Despite the above efforts, the UPF still has a big challenge of maintenance and running costs for the equipment and assets in piace.

(iiif The CID should investigate and conclude all pending high profile caaes.

Status 9 suspects have been arrested and are due to be arraigned before court.

A forensic audit of the exhibits found at the scene of crime is ongoing with a view of identifying the suspects.

There are specific leads being followed regardinR the main suspect.
8 suspects were committed to High Court and are at pre-trial stage.

7 suspects have been committed to High Court for trial 9 suspects have been remanded to prison and 3 are still at large 17 suspects Court for trial have been committed to High s/n Victim ASP Kirumira Muhammad and Resty Mbabazi Alias Nalinya Hon.

Abiriga Ibrahim and PTE.


Kongo Saidi Joan Namazi Kagezi AIGP A.F Kaweesi Maj. Mohammed Kiggundu & SGT Mukasa Steven Susan Magara Murder of 23 Women Nansana Municipality Katabi Town Council ln and Sheikh Abubakar Muhammad Kiwewa Sheikhs Ibrahim Mustafa Bahiga Murder of Sheikhs Mudungu Yunusu, Abdul Ssentugga, Ductoor Muwaya from Busoga Death of Foreign Nationals Mr Terasvouri Thomas (Finish) Mr Sebastiano Axel (Swedish) Committee Observations I inve i /fi!
i] ./ I ' llr<itl tr Investigations 6ir going with one suspect remanded to prison Kirya and 11 suspects were tried in the High Court and 6 were convicted 38 suspects are in prison and the cases are at pre-trial stage at the High Court.

5 Suspects were charged to court L* \l -a*''^ 1Z 1 .

The Committee noted that although UPF had made progress ln 1n mos of such stigating the high prolile cases, the investigations 2 a 4 5 cases have taken long and so many years have passed since the murder of the victims.
Delays in investigations have a tendency to inadvertently make the criminal justice system less effective hence unable to achieve the purpose of crime prevention.

The Committee further notes that while on one hand such delays are due to lack of sufficient evidence, on the other hand, inadequate funding of activities and corruption in the police force have greatly affected the rate at which investigations are concluded.
The Committee observes that although the UPF has bought motorcycles for Police stations to ease their response to crime, there have been complaints that the motorcycles always lack fuel and the victims are asked to provide fuel to enable officers go and arrest the suspects.

The Committee observes that the officers of the Force are still living in deplorable conditions as the houses they reside in are either mud or wattle or dilapidated.

Recommeudations 1.
Recommeudations 1.

There is an urgent need to reduce the growing backlog of cases that remain, Therefore, the iavestigations in the cases not yet concluded should be expeditiously uadertaken because Justice delayed is justice denied.

2.

The Committee recommends that Ministry of Internal Affairs adequately facilitates police stations to eaae the work of the officers, 3.

The Ministry of Internal Affairs should ensure that Police oflicers have decent accommodation.

I iv.
I iv.

UPF should adopt modern technology like C modern forensic investigations technology to curb and prevent crime.

cameras and UPF informed the Committee as discussed in 2.1(e) above.

at e CCTV project has been embarked on @s rrttlf t,.li)r-' T efo rensic laboratorv is ar pped wi \/-j T),"Y {\ rO.-^li- Integrated Ballistic Identification System (IBIS) which is lully installed and operational.
/ Forensic video graph equipment/ Digital Video Recorder examiner (AMPED) at the cyber unit, / Criminal Automated Identification System / DNA analysis r' Bone The centre has also procured 55% of the required soco kits for the whole country.

A11 the above equipment is being rolled out in the different regions of the country in a phased manner.

Obsenratlons 1.
Obsenratlons 1.

The Committee commends the UPF on the implementation of the Closed Circuit Television (CCTV) project in various locations whic h has enhanced community policing efforts by aiding in investigations and ultimately increasi ders'percepti r, the they will be both caught and prosecu notes that CCTV coverage is still very th questions raised about its functionality.

tS, s that tte eeI} Howeve ited and ave S Recommendations 1.
The UPF should ensure that the CCTV project uately rolled out throughout the country after doing a thorough mapping of crime in communities to identify hot spots.

This should be done in consultation with local leaders.

2 3 The Ministry of Finaace, Planning and Economic Development should provide adequate funds for effective lmplementation and ro[ing out of the CCTV project.

Also, funds for maintenance of the surveillance system should be provided.
\ / -- \7 UPF should adequately train more personael in theisinagement and operation of the CCTV system and also ensure that there is fulltime deployment of officers at the surveillance centres.
@}^rc, , v) UPF should strengthen and adequately facilitate the PSU Police is establishing regional PSU cen with support of JLOS to w services closer to the public L4 / Measures are underway to streamline the structure of the unit r' UPF appreciates the challenges faced by the unit and management is taking initiatives to improve its capacity and efficiency.
vif CID should undertake evidence based investigations as opposed to mass arrests UPF informed the Committee that this is a call that has been made to all Police ofhcers and the sensitization shall continue.

However it should be appreciated, that in practice not all arrests must be made after investigations are complete.

Circumstances at times warrant immediate arrest of the suspect.

viil UPF should release its current and preyious Annual Crime Reports.
This has been adhered to with the report having been released on the 23rd May 2018 and it may be accessed on the UPF website.

1 2 Obsetwation The Committee observed that UPF's response that it adhered to the reporting requirement and released its 2018 report that is available on the website is an indication that UPF has overlooked its obligation to release its annual crime reports.

It is evident that since 2018, no other report has been released yet such reports should be made on an annual basis.
The annual rep but in reality contained there like a ritual.

orts should help the UPF improve o nothing much is done to work n in.

The relea of the annual re SIS ts e areas hallenges ore or less Recommendation The Committee re-echoes U recommends that UPF ensureg annual basis.

commen dation and ports are made i,,' thus on an /a---zr=i1.

( -\ viii| UPF should undertake refreaher courses especially for investigators.
L UPF informed the Committee that this has been adhered to and 3OO officers in July 20 18 at Kabalye PTS after having undergone a ed out p lwe 9-{, scenes of crime training.

Another batch of 25O CID officers have been identified for training in fraud case management.

Also 140 scenes of crime oflicers are due for training.

Observation The Committee commends the UPF for enhancing the skills of investigators through training in fraud case management and scene of crime training.
However, the number of officers so far trained is still limited Recommendation 1, It is recommended that the trainings are undertaken on a regular basis (annuallyf and rolled out to all oflicers in the Police Force.

2.

UPF should also outsource experts to train trainers in the Police Force in Uganda.

ixf Undertake security deployments that optimize human resource optimization.
The UPF stated that it had taken deliberate steps to ensure that officers are deployed according to their qualifications and abilities.

xl Make physical regular lnspectlon and audit of firearms in all securi agencles UPF reported that; r' There is Gun labelling exercise ongoing and; / There is an ongoing audit on all lirearms Recommendation The Committee recommends that gun labeliing/ marki ng mandatory in all security agencies and in the private sector.
uld be mad 3.1.3 EMERGING HUMAN RIGHTS CONCERNS a) Sexual violence and exploitation against children in schools UPF, MOJCA, ODPP in conjunction with Ministry of Local Government should ensure speedy prosecution of perpetrators of sexual violence.

/.'
/.'

The UPF stated that it has put in place the necessary mechanisms to deal *"n o*o"t hich include f this vice e--.--'n T,:t*l 16 r' Establishment of the departments of sexual Offences at CID headquarters, child and Family Protection, and community policing /CLOs.
r' Training the female gender on defence mechanisms / Development of the training curriculum on gender, Human Rights and child protection in training schools y' Awareness raising in schools and communities r' Capacity building of police officers in effective investigation of SGBV and violence against children (VAC) cases.

r' Development of the UPF gender policy / Deployment of police personnel at all higher institutions of learning.
r' Sensitization among the boda boda community on their role in preventing the vice.

Observations 1 2 J The Committee observed that sexual abuse of learners in school has become more widespread than before.

Moreover, the actual incidence is difficult to determine as many cases of such abuse are never reported.

Prosecution of cases remains a challenge because of weak implementation of laws against sexual abuse, victims fear to report cases and investigations are never conclusive.
Police officers have always been accused of conniving with parents and perpetrators of crimes of sexual violence in order to silence the cases.

This especially is in cases of dehlement where ng girls are forced into early marriages.

1 Reco,nmendation 1.

There is need to strengthen the aclty of all justice sector actors including, the Judiciary, police, magistrates, proaecutors and state attorneys, to handle sexual abuse cages appropriately, since these actors are part ofthe prevention and response cycle.
2 This can be done through training, having increased budget allocations for the entities, adequate personnel, strengthened institutions in terms of laws and policiee and collaboration between the actors.

o qSIl---.v 17 3.

Errant oflicers and parents of victims found to connive with perpetrators of sexual violence should be charged and prosecuted.
bf Land disputes and human righte in selected regions of Uganda; Tracing the nexus r UPF should intensify community policing so that a vast number of people can be reached.

This is ongoing under the Directorate of CPC and the land protection unit.

.

Exercise professionalism in executing court orders relating to evictions.

The UPF stated that the enforcement of evictions is carried out by court bailiffs.

Police plays an oversight role of ensuring that the exercise is peaceful.
However, before any eviction is carried out, the UPF, through the Land Protection Unit has to satisfu itself about the authenticity of a particular court order.

Obeervations I.

The Committee observed that although Uganda has a strong lega1 regime and progressive poiicy frameworks on land rights protection i.e.
the Constitution of the Republic of Uganda (Article 237); the Land Act Cap 227 as amended, the Land Acquisition Act Cap 226 and the National Land Policy 2013, violation of land rights through eviction n the country is a big challenge.

2.

The Committee noted that evictions are majorl tri uted to we implementation of the laws in place, increased demand for land for investment, politicization of land issues among others.
The Committee further observed that in most cases, evictions both legal (compulsory acquisition by government) and illegal affect the right to property, the right to adequate housing, the right to live somewhere in security, peace and dignity of mainly the poor and vulnerable communities.

The police ofhcers have a-lways been seen and yet they are not supposed to.

cipate in evictio-ns 3 4 Recommendations lic 1.


Community po sustaining e enhance to land uld be strengthened through building and artnerships with local communities to tion hence allowing improved responae illegal evictions.

18 a \ /-\ I i4) 2.
18 a \ /-\ I i4) 2.

The Police in collaboration with the Ministry of Lands, Housing and Urban Development should ensure that evictions considered to be legally justified are monitoted and carried out in a tnanner that respects the human rights and the human dignity of the affected persons.

3.

The UPF must desist from aiding and abetting cases of land eviction and should remain impartial.
3.2 THE MINISTRY OF PUBLIC SERVICE Government Compliance with UHRC Annual Report Recommendations UHRC expressed concern about the failure of government to comply with its recommendations contained in previous annual reports.
The following recommendations are specific to the Ministry of Public Service: a a a a The Ministry of Public Service should expeditiously conduct and conclude the verification of the payroll to ensure that civil servants erroneously deleted from the payroll are reinstated and ghost workers are deleted.

Ministry of Public Service should review and approve the new staff structure to enable Uganda Human Rights Commission improve on its staffing levels.
\/-Y Together with the Ministry of Health, the Ministry of Public Service should recruit and fill vacancies in health ilities as per the was no action demands of human resources staffing fo taken in this regard urces to recrult additional staff in FY 20 gov ment directive on pay harmonization.
se there In vlew o .Th en t and Ministry of Finance, Together with the Minl stry Planning and Economic Developme , the Ministry of Public Service should increase the hnancial, human and capital or infrastructural investments in maternal, child health, HIV/AIDS and pharmaceutical sector interventions to meet the Millennium Development Goals and HSSIP targets '&^o^ .1- 19 The Ministry of Public Service together with the Ministry of Health should revise and improve the salary scale and structure for health professionals especially critical staff that offer maternal and reproductive health services especially in the hard-to-reach areas as a way of attracting and retaining health professionals.
a Ministry of Health and the Public Service Commission should recruit and fiIl in the existing vacancies of critical staff especially those that offer maternal and reproductive services to address the countrywide shortage of human resource.

Obsenrations and Recommendation: 1 2 The Committee observed that UHRC has in its previous annual reports to Parliament made the same recommendations to the Ministry of Public service in respect of the abovementioned issues.
The Human Rights Committee on consideration of the previous UHRC annual reports, made recommendations to both the Ministry of Public Service and the Ministrv of Health on the above-mentioned issues t these hence undertakes to re-state t should be irnplemented expedl e and empha et s usly.

'i, UHRC Work t LI UHRC provided a detailed analysis of its activiti implementation of its mandate.
The UHRC recommendations: challenges faced in ade the following Ministry of Public Service together with Parliament of Uganda and Ministry of Finance, Planning and Economic Development should enhance salaries for members and staff of UHRC to match those earned bv s members in other statutory institutions.

and Observations The Committee observes that for so long, UHRC enhanc ent of salaries of its workers but this ha not been done.
s been requesting for -@'-''"^ 20 13,-r* UHRC remains largely underfunded and the building that housed therr offices is dilapidated hence they are using the meagre resources they have to rent offices.

The Committee observes that UHRC is not fully constituted since the passing on of the former chairperson and thus has not been able to conduct tribunals which is one of their core mandates.
The Committee observes that the contracts of most the staff of the UHRC are expired and therefore affecting the work of the Commission.

Recommendations 1.

H.E the Presideat should appoint a substantive chairperson and members of the Commission with immediate effect in accordance with Article 51(2) of the Constitution to enable it discharge its mandate.

2.

In compliance with the Parls Principles, Government should adequately fund the UHRC to enable it perform its mandate independently.

3.
3.

The salaries and contracts of staff and members of the UHRC should be reviewed.

4, MoFPED should allocate resources for the construction of the UHRC officea because given what they do, they nee alone building to handle sensitive and private mattera.
das 3.3 THE MINISTRY OF TRADE AND I EmerginE Human Rights Human Rights Implications of Gaming with a Focus ou I The Ministry of Trade and Industry should consider revlewlng the Lotteries and Gaming Act, 20 16 The Ministry of Trade and Industry should develop the responsible gambling policy to reinforce the existing law on iotteries and gaming of 2016 as well the regulations ol 2O77 .
The l,otteries and Gaming Regulatory Board should open-.regional branches \) d widely disseminate the I-otteries and Gaming Act to the masses.
/}&)-,t-.., Z1 --(l (-) 3.4 THE MINISTRY OF GENDER, LABOUR AND SOCIAL DEVELOPMENT Recommendations bv the UHRC The UHRC made the recommendations below; EmerEing Human Riehts Concerng a) Cltlzenship Rights wlth Speclal Focus on the Maragoli Communlty The recommendations below are based on recogrrition of the right to a nationality from the Ugandan perspective with specific focus on the national identifrcation registration process and the resultaJlt humar:.

rights concerns faced by the Maragoli community.


The key issues noted by UHRC relate to the denial to the Maragoli community of thet right to a nationality and identity, discrimination and social exclusion, inadequate access to social services, lack of political participation and denial of access to justice.

Ministry of Gender, Labour and Social Development should consider the plight of the Maragoli by verifying their situation and redressing their plight.
b) Sexual Violence and Dploltatlon Against Children in Schools 1 ,/,+/ Together with the Ministry of Education and Sports, the Ministry of Gender, Labour and Social Development should devise and strengthen partii6rships and coordination to address issues of sexual violence in schools.
( .\ Assessment Of The Ilatlonal Legal Framework On The Rishts Of The Child To Determine Comoatibility With The Un Convention On The Rishts Of The Child UHRC made a comparison of the existing law with the obligations of Uganda under international treaties relevant to the rights of childr the following should be urgently implemented by Constitutional Affairs together with the Ministry Development, Uganda Law Reform Commission and HRC recommended th stry of Justice r, Labour and t Gend the d a) The Riqht to Identitv The relevant legislation such as Registration of Children Act should be amended to recognise tJr register the birth.
in Uganda, of children of refugees ald asylum seekers.

A , Refugee Act or t-lonof authorities to eob The Constitution should be amended to recognise the right of children born in Uganda to Ugandan citizenship, if they would otherwise be stateless.

/.O==-l) s 22 .I The Registration of Persons Act should be amended to provide for registration of children without both parents, with a single parent or those found dumped on the streets.
bl Child Protectior The Children Act should be amended to eliminate 'beyond parental control' as a ground for the imposition of care orders.

cl Alternative Care a a a a a a The Children Act should be amended to expressly provide that children should be placed in approved homes only if no other suitable form of aiternative care is available in Uganda.
The provisions of the Children Act on inter-country adoption should be amended to provide that inter-country adoption may be authorized only if no suitable form of alternative care for the child is available in Uganda, and only if the norms and standards concerning adoption in the other jurisdiction provide safeguards and guarantees equ valent or superior to those recognised by the law of Uganda.
s from The Children Act should be amended to prohibit taking children in their care out of the country, in order to prevent circumvention of the provisions of the Act on inter-country adoption.

The process of ratification of the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption shouid be expedited.

l!
l!

{ The Refugee Act should be amended to recognise that temporary forms of care should be given priority over adoption as methods for protection of the rights of unaccompanied refugee children and unaccompanied child asylum seekers.

Sections 43 (1), 43A (2) and a3C (a)) of revised to ensure that provisions on te care take acco children.
to the speciai ne e rary u hild Act should be s of alternative cc mpanied refugee dl Juvenile iustice a ended to recognise aftercare as the The Children Act should be right of children released from etention to any necessary assistance in reintegration into e famil y and community.
-@J'r;, ..9 el Crimes inst Children a The Prevention of Trafficking in Persons Act should be amended to criminalize improperly inducing consent to adoption, to bring Ugandan law into compliance with Article 3 (1) (a) (ii) of the Optional Protocol to the CRC on Sale of Children, Child Prostitution and Child Pornography.
Section 8(3) of the Children Act should be amended to specify the sentence for the employment of children in harmful or hazardous work; Section 8(d) of the Prevention of Trafficking in Persons Act should tre amended to make it applicable to all children under the age of 18; and the Employment Act should be amended to bring the minimum age for employment into harmony with the minimum age recognised by the Children Act and the Prevention of Trafficking in Persons Act 0 Treatment of Child Victims a The Children Act or other relevant legislation should be amended to make the measures for protection of victims required by Part III of the Prevention of Trafficking in Persons Act applicable to all crim es, violence against childre n. The Children Act, the Prevention of Trafficking in Pe{$otr Act or other relevant legislation should be amended to recognise the right of all child victims of violent crime to be heard through procedures designed to meet their special needs as witnesses for example support persons, testimonial aids and measures that allow children to testifv withou direct contact with the accused.
\ l;- 'tinrL The Children Act or other relevant legislation should be amended to recognise that all child victims of violent crime and their families where appropriate, have rights to restitution, the cost of reintegration and compensation for injuries and losses similar to those recognised by the Prevention of Trafficking in Persons Act.
The Refugees Act for Regu iation special procedures and meas children to e taken fully heard and hav ad inistrati S sho ede elr vr be amended to recognise to enable unaccompanied s, needs and experiences gs under the Act.

ttoEd @,,a-,, A section on gifted chil a step towards develo should be added to the Education Act, as ping a policy and programmes or activities for a cl a Z4 \ -/ l\J--^ai - .

q a t0 a a them.
q a t0 a a them.

Section 57, which authorizes the Minister to adopt regulations on "gender aspects and special-needs education", might be an appropriate place to address this issue.

Ugandan legislation should clearly provide for inclusive education and registration of schools for children with disabilities.

Rishts of Children with Disabilities The Persons with Disabilities Act should be amended to criminalize the concealment, abandonment, neglect or segregation of children with disabilities.
The Persons with Disabilities Act should be amended to require the Government to support information, awareness and support activities designed to prevent the concealment, abandonment, negiect or segregation of children with disabilities by their parents.
Section 24 of the Persons with Disabilities Act, which provides that "No person with disabilities shall be denied a driving permit by reason of his or her disability" should be amended by the addition of a clause to make an exception for measures necessary to protect the health or safety of persons, in order to bring this section into harmony with Section 9(e), which requires road safery policies to be strength ned..-.
Status of U Riehts Treatv Mechanisms ts fe to International and nal fluman UHRC noted with concern the continuous delays in reporting and non- submission of state reports to the treaty bodies.

While reporting to African regional mechanism is regular, reporting to international treaty bodies remains a challenge exacerbated by inadequate funding to facilitate timeiy, quality research.

UHRC therefore recommended that: .


Ministry of Gender, Labour and Social Development together with the Ministry of Foreign Affairs and the Ministry of Justice and Constitutional Affairs should continue foilowing up on implementation of government's voluntary pledges and recommendations made by ce the promotion and protection of human treaty rights.

bodies ..to- e ( _- , , 0(-.


]\ 25 / l f \t- , RESPONSE BY THE MINISTRY OF GENDER, LABOUR AND SOCIAL DEVELOPMENT The Ministry of Gender, Labour and Social Development should consider the plight of the Maragoli by verifying their sltuation redressing their plight ( RESPO.ilTSE ) The Maragoli Community is found in Kigumba, ngo District.

These migrated to Uganda from Kenya in 1957.


The issues affecting the Maragoli community are of a constitutional nature, which require further study and advice of the Attorney General.

The Ministry has: i) Incorporated the intervention of documentation of ai1 indigenous cultural activities in the Social Development Sector Plan for FY 2O2Ol2l - 2024 125 to establish the plight and issues affecting ethnic mlnorities.
ii) Conducted a series of meetings with stakeholders with a purpose of generating evidence to inform amendments in the Constitution and other relevant domestic laws as well as development guidelines.
iii) Initiated the designing of a National Affirmative Action Programme for Indigenous Ethnic Minorities in Uganda which is expected to be ready by October 2020. iv) Initiated the review process of the Equal Opportunities Policy and the Equal Opportunities Act to recognize the rights of Ethnic Minorities in Uganda.

v) Conducted stakeholder consultations ratification process of the ILO Conv Peoples in Independent Countries.
to generate evidence to ention on Indigeno and e the These notwithstanding, the Ministry the Maragoli Community and seek the n ttor takes to veriSr General' e t tion of Committee Obsenrations: 1.

The Committee commended the MOGLSD e efforts undertaken so far to ensure the prote ction of the rights of the Maragoli but observed that the citizenship rights issue of the Maragoli community has remained unresolved for a long time.
Despite initial efforts made by the representatives of the community by Petition to Parliament on 2lst May, 2015 and, subsequent actions by the relevant government agencies over the issue, protection of the community's right to belonging is still inadequate .

@Z^tt-., NC-*r*Lq 26 2 J Although recent government intervention allowed for the Maragoli to apply for citizenship by naturalization, their descendants cannot acquire the same which leaves many in a state of statelessness.
As a consequence, challenges in accessing banking services, bursaries, leasing land etc.

when some lack national identification documents are inevitable.

The committee further observed that the inclusion of the Margoli as an indigenous community can only be made possible by a constitutional amendment.
Therefore the ongoing consideration of the Constitutional Amendment Bil1, by the Legal and Parliamentary Affairs Committee is a step in the right direction because the need to recognize the Maragoli as an indigenous tribe is listed as one of the proposals \/\L/x' Recommendations: I 2 The MOGLSD should ensure that inclusion of tle.Malagoli as an indigenous community is given urgent attention in any Constitutional amendments.
MOGLSD should in collaboration with NIRA streagthen their intenrentions and put in place Dreasures to address the challenges currently faced by the Maragoli community as they await their inclusion in the Constitution as an indigenous tribe in Uganda.

cr, Together with the Minlstry of Educatlon Ministry of Gender, Labour and Soc should devise and coordination to ad schools.
lssues of s strengthen Port, the Developme t sa d llt violen rtne RESPOI\ISE The Ministry of Gender, Labour and Soci opment acknowledges the need to prioritize addressing issues of sexua iolence at all levels.

They have developed Sexual Harassment Regulations and Guidelines at the Place of Work which also includes institutions of learning/ schools.
In addition, the Ministry has also developed the National Stratery for Ending Child Marriages and Teenage Pregnancies (2016) to address issues of Child Marriages and Teenage Pregnancies.

The Vision of thjs strategz is "A society The strategz was frpe from Child Marriage and Teenage Pregnan (*(2--- t< n 27 c) launched and has so far been disseminated in more than 80%o of the districts and plans are underway to disseminate it in all the districts.
The Ministry with support from UNICEF, UNFPA and other implementing partners has also been holding radio/TV programs, communit5r dialogue meetings, school visits, print media and drama shows to sensitize communities about sexual violence, the dangers of child marriages and teenage pregnancies and other harmful practices like Female Genital Mutilation (FGM).
MoES in collaboration with the MGLSD with the support of UNICEF established arl inter-Sectoral Committee on Violence Against Children in School (ISC VACiS) in 2013 through which MDAs, Development Partners and NGOs have been implementing the National Strategic Plan on elimination Violence Against Children in Schools (2O15-2O2O\.

Committee Observations 1 2 The Committee re-echoed its earlier observation above, that many incidents of sexual violence in schools are not reported as such.
Moreover, sexual abuse in schools has been found to be a significant contributor to irregular attendance and underachievement of girls while pregnancy a major reason for girls'drop-out from sc hool The committee commends efforts so far made by M and partner agencies to address the problem but underscores the urgent need to unmask the hidden nature of the problem and punish the perpetrators.

3.

The MOGLSD relies so much on on funding internally to implement p violence.
or ,fund rafis al ing becaus t med at sslng litt1e xual Recommendations 1 2 The MOGLSD should strengthen i monitoting violence against children necessary action in the event that violations occur.

s and efforts on schools and taking the MOGLSD should develop a national strategy for prevention of sexual violence in schools that requires the dismissal of teachers institution when and bars their re-engagement in any educatio found guilty of sexual assault of students.
@;<- 2Y 3 4 5 6 MOGLSD should put in place cBV shelters in all regions in the country to ensure adequate protection of women and girls that experience GBV.

Iu addition, the Ministry should partner with non-governmental based organizations operating GBV shelters and provide them with support.

MOGLSD in collaboration with the Ministry of Health should ensure that PEP drugs are available for free in every health centre fV in every district.
Minlstry of Education and Sports (MOESI should develop educational materlals such as booklets, cartoon strips, comic storles for use in both primary and secondary schools.

These materials should dramatically explore topics such as sexual violence, rights over one's body, teenage sexuality among others.

The MOES should ensure that that the curriculum for primary and secondary schools incorporates topics about gender violence ISST E NO.
2- Assessmeat of the Natioaal Legal Framework on the Rishts of the Child to determlne compatibilitv with the UN Convention on the Riehts of the Child The right to identity a) il The relevant legislation such as Reglstration of-?ersons Act, Refugee Act or Children the obligation of authorities n of refugees aad asylum see uld be amended to r birth, in U of ch re V ,/\ RESPOilS.E glstrati n of children of refugees The MOGLD informed the committee and asylum seekers is already pro existent legislation.
For Sec.

28 provides for example, the Registration of Persons Act compulsory registration of birth while Sec 29 (2) provides for registration of both nationals and aliens.

Therefore, there is no need for the amendment of the sighted laws 01.5 ed iif The Constitution should be amended to recognize the right of children born in Uganda to Ugandan citize hip, if they would othersrise be stateless, €E.k- 1 a *.,..
29 RESPOIVS.E There is no need to amend the Constitution as The Registration of Persons Act 2015 Sec.

28 already provides for compulsory registration of birth for all children born in Uganda.

iiilThe Registration of Persons Act should be amended to provide for registration of children without both parents, with single parents or those found dumped on the atreets RESPOJUiS.E This is already provided for in The Registration of Persons Act 2O15 Sec.

28 and Sec.
28 and Sec.

33. bl Child Protection (The Children's Act should be amended to eliminate beyond parental control as a ground for imposition of care ordersl R.ESPO.IISE While the Ministry agrees that beyond parental control should not be used as a ground for imposition of care orders, the care order is issued as a preventive and response measure to children who may suffer significant harm if left in such circumstances as clearly stipulated in Section2 (a) an (b) (1) of the Children's Act.
( This notwithstanding, the Ministry has developed the Nati 'Parenting Guidelines to guide and strengthen parents/caregivers / guardians on how to address weaknesses in parenting.
The Ministry should be on strengthening parenting and buil family through inculcating morals, values and sys SO lng a firm foundati o mS. r e view that focus_ - at cl Alternative Care ilThe Children Act should be ameuded to ex children should be placed in approved ho suitable form of alternatlve care available in Uga provide that o y if no other RESPO.ilISE line with the The Ministry agrees with the proposal because it suitability principle as provided for in the UN Guidelines on Alternative care.
IS lN ii) The provisions of the Children Act on inter country adoption should be amended to provide that inter country adoption may be authorized ouly if no suitable form of alternative care for the child is available in Uganda, and only if the norms and standards concerning adoption in the other jurisdiction @.v, N3 .a* J L 30 provide safeguards and guarantees equivalent or superior to those recognized by the law in Uganda.
RESPO.IVSE The Children Amendment ACT 2016 provides under section 46(1) that a person who is not a citizen of Uganda may in exceptional circumstances adopt a Ugandan child.

This notwithstanding, the law did not define the exceptional circumstances.

Therefore, the Ministry agrees with the recommendation of the Committee to amend the Children's Act to clearly stipulate the grounds under which intercountry adoption may be authorized.
The Ministry stated that it is having consultations with the Judiciary and Attorney General on the matter.

iiifThe Children Act should be amended to prohibit guardians from taking chlldren in their care out of the country, in order to prevent circumvention of the provisions of the Act on inte country adoption t -rz ( '^ RESPOIVSE Before the Children Act was amended in 2016, the Guardi p law was in force.

It was used by non-citizens to apply to the high court to grant them powers of Guardianship.
They would use these orders to travel with the children to their home countries and while there, they would apply for Adoption.

Hence using the Guardianship law to circumvent the provisions of inter country adoption as per the Children Act.

The amendment of the Act in 2016 repealed the Guardianship law It also outlawed guardianship for non- citizens (Section 43A of the C reir.

Act 2016).
Act 2016).

Therefore, no provision t the provisions under the section of guardianshi can b€ 1 or custqmary under inter country adoption a oint e4 guardianship.
used to circumve either un ega ivl The process of Ra Protection of Children an country adoption should be n of the Ha pera c ln Conventlon on pect of inter RESP,OJV|SE The Ministry is currently undertaking consultations at both technical and political levels to enhance understanding of the Convention and its implication in order to map out a way forward.
v) The Refugee Act should be amended to recognize that temporary forms of care should be given priorlty over adoption .- /\4.4 ' L,r a ( 31 as methods for protection of the rights of unaccompanied refugee childrea and unaccompanied child asylum seekers.
R.ESPON|SE The Ministry agreed with the recommendation of the Committee that The Refugee Act 2006 should be amended to provide for temporary safe care, kinship, guardianship, foster care, adoption and supervised independent living as provided for in the Children's Act 2016 and the Alternative care framework.
vif Section 43lll,43l2l, and 43C (4) of the Children Act should be revised to ensure that provisions on tempofary forms of alternetive care take account of the special needs of unaccompanied refugee children.

RESPOJV|SE The Ministry agrees with the recommendation of the Commi e to amend the Children Act 2016 so as to provide for special needs of unaccompanied refugee children because it serves the best interest of the children.
df Juvenile Justice; The Children Act should be amended to recog[ize aliter care as the right of children released from detention to any nece into the family and community ssary assistance in reinte RESPOfliSE This is already recognized in the Ch S r Sec ef Crimes against Children i) The Prevention of Traflic in Persons Act should be amended to criminalize improperly inducing consent to adoption, to bring Ugandan law into compliance with Article 3 (11 (af (ii) of the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography.
.R.ESPOI\TSE @,r.,., While the Children Act Cap 59 (as amended) in 2016, Sect 110 (3) provides for the charging of fees as a punishment for inducing consent to adoption, the Ministry agrees with the Committee that there is need to make the punishment more punitive and shall put more punitive measures in the Children Regulations whrc urrently being developed.

C hi 32 ^O.t-."'
C hi 32 ^O.t-."'

On bringing the Ugandan law into compliance with Article 3 (1) (a) (ii) of the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography, it was stated that this had already been done.
for example, The Prevention of Trafficking in Persons Act 2009 Sec 8 (e) takes into consideration the above matter raised while The Children's Act Cap 59 (as amended) 2016, Sec 8A (l) - (3) is in compliance with Article 3 (1) (a) (ii) of the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography.

iif Section I (3) of the Chlldren Act should be ameaded to specify the sentence for the employment of chlldren in harmful or hazardous work.
Section 8 (d) of the prevention of Trafficking in Persons Act should be amended to make applicable to all children under the age of 18; and the Employment Act should be amended to bring the minimum age for employment into harmony with the minimum age recognized by the Children Act and the Prevention of Trafllckiug in Persons Act RESPOJVSE Employrnent of children in harmful or hazardous work is ffohiUited and well-articulated in the Employment Act 2O06 Sec 32, The Anti Trafficking in Person's Act 2OO9 Part III as well as the Children Act Cap 59 (as amended) 2016, Sect 110 (3).
( ) On amending the Employment Act to bring the minimum age for ized by the employment into harmony with the minimum age Children Act and the Prevention of Traffickin gln Pe ons Act the Ministry agrees with the recommendati es to have t Act which is this as one of the issues to b incl currently being amended.
e Committee ed in und no co f) T?eatment of Child Vi s il The Children Act or o vant legislation should be amended to make the for protection of victims required by Part III of the Prevention of Traflicking in Persoas Act applicable to all crimes of violence against children _-:=- .. rea me r A*>' 'r< ' R.E,sPOJVS.E Part II of the Prevention of Traflicking in Persons Act 2OO9 elaborates what traflicking in persons is and Part III provides for protection of victims.
The Children Act Cap 59 as amended) 2019 Sec 8A (1)-(3) provides for similar measures.

These according to the Ministry are sufficient to provide prote on of victims of violence against children.
^ -- (l /t=-)'^3.--"' ii) The Children Act, the Prevention of Trallicking in Persons Act or other relevant leglslation should be amended to recognize the right of all child victims of violent crime to be heard through procedures designed to meet their special needs as witnesses for example support peraons, teetimonial aids and measurea that allow children to testify without direct contact with the accused RESPOJVSE This is adequately catered for under The Children Act Cap 59 (as amended) 2076 Parl IV which provides for how matters concerning children are handled in the Family and Children's Court.
iiilThe Children Act or other releyant legislation should be amended to recognize that all child victims of violent crime and their famllies where appropriate, have rights to restitution, the cost of reintegration and compensation for injuriee and lossee similar to those recognized by the Prevention of Trallicking in Persons Act RTSPO.I\TSE t\ \).
The Children Act Cap 59 (as amended) 2O16 is the primary law oh matters concerning children but there must be cross referencing with other laws in handling child reiated matters.

tv) The Refugees Act (or Regulationsf should be amended to fecognlze special procedures and measures needed to enable lr views, unaccornpanied children needs and experiences trative proceedings under the act.

to be heard and h fully int RESPO.ITISE The Refugee Act 20O6 Sec 32 (1) - children.
Sec 32 (2) a-d, stipulates the Interna Regional Conventions that Uganda has both ratified and signed that provides for the e oyment of r1 ts and freedoms of refugee children the Rights of Refugee tional t gf Rights of Children with Disabllities i) The Peraona with Disability Act should be criminalize the concealment, abandonment, segregation of children with disabilities, C amended neglect to or .l 4 RESPOIXS.E The Persons with Disabilities Act 2020 under Sec 6 provides for non- discrimination of learners with Disabilities in provision of education services on basis of their disabiiity.
iif The Persoas with Disabilities Act should be amended to require the Government to support information, awateneas and support activities designed to prevent the concealment, abandonment, neglect or segtegation of children with disabilities by their parents RESPOIVSE Sec 4 (2) of the Persons with Disabilities Act 2020 provides for the rights of children with disabilities as having same rights as enshrined in the Children Act Cap.59.
Sub Sec 4 further provides for parents and guardians to take care of children with disabilities to ensure proper upbringing and development.

Further sti11, Sec B of the Persons with support for Persons with Disabilities in services.

D S Committee Observations bilities Act 2O2O bil tion and rovides habil r ti n 1 .

2 C' The Committee observed that some of U ecommendations to the MOGLSD regarding alternative care have been implemented by virtue of the amendment to the Children's Act in 2O 16.
Other recommendations relating to registration of children by a single parent, right to identity, provision of temporary forms of alternative care for refugee children and, offering of support and re-integration of juveniies into the community when released are ably provided for in the Children's Act, Registration of Persons Act and Refugee Act.

However, the Committee noted that Uganda is not par[r to the Hague Convention on Protection of Children and Cooperation in respect of inter-country Adoption.
1 Although the Children's Act as amended now imposes more stringent measures on adoption and legal guardianship by foreigners, in reaiity, tracking Ugandan children who are placed under foster care abroad remains a challenge.

More so several children have previously been trafficked out of t ountry e @.t:."

LThe Convention, establishes safeguards to ensure that inter country adoptions take place in the best interests of the child.
It sets up a system of cooperation amongst contracring countries to ensure these sa{eguards are respected and thereby prevent rrafficking ol children- A-:) (_) with no mechanism in place to trace where they end up or who they end up with.

3.

It is further observed that the rights of unaccompanied refugee children remain at stake in the absence of clear legal provisions on temporary safe care or foster care hence the need to protect their rights is vital.

Recommendations 1.
Recommendations 1.

Government should urgently ratify the Hague Convention on Protection of Children and Cooperation in respect of inter- country adoption.

1 .

The Ministry should strictly monitor foster care and other alternative care institutions to ensure that the care provided to the children is adequate and doesn't lncrease their vulnerabillty.

2.

The Employment Act should be amended to brlng the minimum age for employment into harmony with the minimum age recognized by the Children Act.

3.
3.

The Committee on Legal and Parliamen track the Anti-Slavery so that it is passe into should fast nt.
by Par ,SSUEIIO.3- Status of Uganda's repott Regional Human Rigrhts Treatg han .-) onal and al Ministry of Gender, Labour and Social Development together with the Ministry of Foreign Affairs and the Ministry of Justice and Constitutional Afiairs should continue following up on the implementation of Government's voluntary pledges and recommendations made by treaty bodies to enhance the promotion aad protection of human rights RESP.OIISE The Ministry has an effort to submit \/ / regorts to the treatv bodies.
The Ministry deveioped: i) The 3rd, 4th and Sft Report to the UN Convention on the Rights of the Child (UNCRC) and the 2 Optional Protocols to the Convention.

ii) The 2nd,3td,4fr and 5e Report on the African Charter on the Rights and welfare of the child (ACRwc).

The above-mentioned reports are on the pending agenda of Cabinet.
i@;;,.-, Al.-..-- s- 36 The Ministry is up-to-date with reporting obligations on the implementation of the International and Regional Instruments on Gender Equality and Women's Empowerment Uganda is party to.
In particular, the Ministry submitted: i) The National Report on the implementation of the Beijing Declaration and Platform for Action (BDPA) in June 2019. ii) The Combined Eighth and Ninth Periodic Report of the Government of the Republic of Uganda on the Implementation of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (UN CEDAW) to the United Nations Committee on the Elimination of Discrimination against Women in February 2O20.
iii) The GoU Reports on the implementation of the Maputo Protocol and the Solemn Declaration on Gender Equality in Africa (SDGEA) in April 2020.

On the impiementation of the voluntary pledges and recommendations made by treaty bodies, the Ministry of Gender, Labour and Social Development is in the process of developing a Compendium of State Party Voluntary pledges and recommendations to guide other stakeholders on follow up.
Once completed, this Compendium wiil assist in tracking the progress made before subsequent reporting.

Committee Observations The Committee commends the MOGLSD on meeting its reporting obligatioryy' to international treaty monitoring bodies compared to before.
\L Recommendations \6 \ -) -\ There should be a series of follow up meetings to er"luite\ how far the country has gone ln the implementation of recommendations or able to achieve this, commitments and where the country has not be the interventions that sho made.
@tc.., 3.5 THE MINISTRY OF INTE Emerging Human Riehts Concerns a) Citizenship Rights with Special Focus on the Maragoli Community The Uganda Human Rights Commission in recognition of the right to a nationality, highlighted human rights concerns faced by the Maragoli communitlz.
The key issues noted by UHRC include, denial to the Maragoli community of their right to a nationality ald identity, discrimination and social exclusion, inadequate access to social services, lack of political participation and denial of access to justice.

UHRC recommended at: NC.

* q <J ,' The Ministry of Interna-l Affairs and the Directorate of Cittzenship and Immigration Control should verify the issue of migration of the Maragoli.
Committee Observation and Recommendatlon The Committee re-echoes its earlier obsenratlon that recognltion ofthe maragoU as an lndigeaous trlbe la Uganda is importart.

The Mlnlstry of Internal Alfairs ln collaboratlon wlth other stakeholders should ensure that incluslon of the maragoli in the constitutional amendment proposals is glven priority.
3.6 NATIONAL IDENTIFICATION AND REGISTRATION AUTHORITY Emerging Human Rishts Concerns Citizenship Rights with Special Focus on the Maragoli Comm""tYv The recommendation below is based on recognition of the right to a nationality from the Ugandan perspective with specific focus on the national identification registration process and the resultant human rights concerns faced by the Maragoli community.
The key issues noted by UHRC relate to the denial to the Maragoli community of their right to a nationality and idcntity, discrimination and social cxclusion, inadequate access to social serwices, lack of political participation and denial of access to justice .

UHRC re<:ommended that: The National Identificati expedite the process o qualified people.

Committee Observations Registration Autho rl natronal identifi tlo C (NI uls on should for all 1.
The Committee observed that o so far made towards redressing imbalances and promoting equal opportunities for various ethnic minority groups is worth noting.

However, due to the fact that the Maragoli are not yet recognized as one of the indigenous communities in Uganda challenges such as denial of national identity cards, non- compensation from empioyment after spouses pass, forced land evictions and lack of compensation for such evictions, become inevitable.
The Committee noted that in 2017, reports pointed out that the NIRA held onto 15,00O national identity cards of members of the J U bd-:-.n4-,\ 38 /r=',- \J a L I 2 3 community on grounds that they are not an indigenous tribe in Uganda.

In order to protect minorities, Article 32(1) and (2) of the Constitution have to be resorted to.
These provisions, guarantee affirmative action in favour of groups that have historically been discriminated against on the basis of for instance grounds created by custom, history or tradition in order to redress their existing inequalities.
The Committee further observes that the ongoing consideration of the Constitutional Amendment Bil1, by the Legal and Parliamentary Affairs Committee is a step in the right direction be cause the need to recognize the Maragoli as an indigenous tribe is listed as one of the proposals.
Recommendatlons a The National Identification aud Registration Authority in partnership with the Ministry of Gender, Labour and Social Development and, the Ministry of Internal Affairs, should strengthen their interventions and put in place measures to address the challenges currently faced by the Maragoli.

community as they await their lnclusion in the Constitutio n_ as an indigenous tribe in Uganda.

The interventions participation and e leaders, to enable them benefits and risks if any.
should be undertaken t of the community dera nd the proc the full and their lved, their 3.7 MINISTRY OF HTALT An Assessment of the Rieht to P t ve Care in Uqanda in 2Ol7 The Ministry of Health should expedite the passing of the National Palliative Care Policy in order to streamline the provision and regulation of palliative care in Uganda.

The Ministry of Health should institute clear monitoring and evaluation strategies for palliative hea-lth care services.
The Ministry of Health should consider reinstating the legal instrument allowing specially trained nurses to prescribe morphine.

.i / @--".

tS ,^--,^'--) <..) 39 The Ministry of Health should ensure that the proposed Nationa-l Health Insurance Scheme should cover palliative care.

Implement the various United Nations (UN) resoluLions on provision of palliative care.
Scale up training of palliative care human resource The Ministry of Health should strenglhen nationa-l district coordination mechanisms for the provision of palliative care serrrices.

Integrate pa-lliative health care service professionals into the mainstream public service structure.
Committee Observations The Committee agreed with the recommendations made by the UHRC aimed at promoting the right to Palliative care in Uganda in recognition of the growing number of patients at the end of life that suffer from treatable pain, anxiety and other symptoms.

The absence of a policy and specific iegislation on palliative care, inadequate human an cial capacity, inadequate monitoring of palliative care provision and o of the right.
rvices, undermines r d The Committee recommends that: l. Ps to ensure that a The Ministry of Health takes reasonable comprehensive policy on Palliative care is formulated and cotrsequently ensure that standards of palliative care are progressively adopted and integrated at all levels of care i,e.

primary health care, home-baaed care among others.

MOH should train health professionals in palliative care and the importance of pain control.
MOH should ensure the availability of easentlal drugs for the management of pain and other aymptoms an psychological distress.

( 2 3 Assessment Of The National Legal Framework On The Rights Of The Child To Determine Compatibility With The UN Convention On The Rights Of The Child iL-, 40 UHRC made a comparison of the existing law with the obligations of Uganda under international treaties relevant to the rights of children.
According to UHRC the following recommendations should be urgently implemented to address inconsistencies that aIlect the right to health: Although Article 16 of the Constitution recognises the right of Ugandans to health services in general terms, it would be desirable to enact legislation that specifies the health care services in addition to immunization in a language that does not discriminate on ground of nationality.
Services for children should include periodic medical exams, malaria prevention and treatment, treatment for pneumonia, diarrhoea, meningitis, and nutritional supplements; and expectant mothers should be entitled to physical examinations, prevention ar:.d treatment of ma.laria and STDs, tetanus, vaccination, and nutritional supplements (e.g.

iron, ca-1cium and foiic acid).


The HIV and AIDS Prevention prohibit discrimination against especially education because discrimination against children guardians or custodians.
and Control Act should amended to HIV-positive children in other areas, as it states now, it only prohibits on grounds of HIV status by parents, Legislation should require that all health-related decisions concerning children be based on tJle best interests of the child concerned, as a step towards the development of procedures and criteria for assessing the best interests of tJ e child by health workers.
The Immunisation Act should be amended to cover a1l children in Uganda, regardless of nationality, to bring it into harmony wit1.

section 4(1) [) of the Children Act.

a The Mental Health Bill should be reviewed to eliminate risk to reputation as a ground for emergency admission to mental health units, and to eliminate risk of danger to property as a ground (or at least to restrict it to a grave and imminent risk of extensive danger to property).
Committee obseryatioas The Committee is in agreement witJl the recommendations made by the UHRC to review the various laws to prevent discrimination against HIV positive children, to ensure that health related decisions are made in the best interests of the child, coverage of all children in immunisation programs and elimination of risk to reputation as a ground for eme ency admission to mental health units.

( Recommendation The reco respcctl agencles.

dations b .
dations b .

:.1 ll the C should be implemented by the \-zs+{1 L-\ S .- -) 41 Government Compliance with UHRC Annual Report Recommendatlons UHRC expressed concern about the failure of government to comply with its recommendations contained in previous annual reports.
The following recommendations are specific to the Ministry of Hea-lth: a a a a a a a Ministry of Health should categorise the lotions, sunglasses and hats that are appropriate for persons living with albinism as essential drugs and costumes, and provide them free of charge.

This recommendation was first made in 2015.

Ministry of Health should extend social services to fishing communities through upgrading and construction of health centres, sanitation and hygiene facilities.
This recommendation was f,irst m e in 2Ol4 Ministry of Health together with the Ministry of Publi ervlce should recruit and fill vacancies in health facilities as per the demands of human resources staffing forms.

There was no action taken in this regard because there were no resources to recruit additional staff in FY 20 18/ 19 in view of the government directive on pay harmonization.
Together with the Ministry of Finance, Planning and Economic Development and Ministry of Public Service, the Ministry of Health should increase the financial, human and capital or infrastructural investments in maternal, child health, HIV/AIDS and pharmaceutical sector interventions to meet the Millennium Development Goals and HSSIP targets.
Ministry of Health together with the Ministry of Finance, Planning and Economic Development, Ministry of Pub financial, human and capital or i maternal and reproductive priorit5r inte entio s to mee HSDP targets.
rvice should increas rastructural inves ents rn Together with the Ministry of Public Se e, the Ministry of Hea,lth should revise and improve the salary scale nNructure for health professionals especially critical staff tha / offer maternal and reproductive health services especially in the hard-to-rea h areas as a way of attracting and retaining health professionals.
Ministry of Health and the Public Service Commission sho ld recruit and fill in the existing vacancies of critical staff especially those that @I:;*.t, rc 42 C offer maternal and reproductive services to address the countrywide shortage of human resource.
Ministry of Health together with the Ministry of Trade, Industry and Cooperatives and Parliament should table and enact the Alcoholic Drinks Control Bill, 20 16 to repeal the outdated alcohol laws that currently regulate the sale, manufacture and consumption of alcohol such as the Enguli Act Cap 86, Liquor Act Cap 93 and Portable Spirits Act, 1995.
Committee Observations 1 2 The Committee observed that recommendations regarding- the provision of essential drugs to persons living with albinism, extension of health services to fishing communities, recruitment of health staff, improvement of investments (hnancial, capital, human and infrastructural) in maternal health; enhancing the salaries of health professionals, tabling of the Alcoholics Control Bill, 20 16, have consistently been made by the UHRC in its previous annual reports yet according to UHRC, no action has been taken by government to implement them.
The Committee was also concerned that despite the Human Rights e abo Committee recommendations on th ntioned issues a n the HRC 19th Annual re ort contained in the Committee's report o government had not taken any action.

The Committee recommends that: 4 a a a Government increases health financing to budget in fulfllment of Uganda's commitmen Declaration.

Also enaure elfective utllization resources to improve health care in the country.
of e national r the Abuja of available Mlulstry of Health takes reasonable steps to ensure that human capacity in health care institutions is strengthened.

the The Ministry of Flnance, Planning and Economic Development ensures that the welfare of health care stalI is im roved, by providing the required resources.
Government should adopt and implement insurance scheme that provides coverage ana lo to N3 low health income 43 households, vulnerable groups including Persons with Disabilities, the elderly amoag others.

3.8 LOTTERIES AND GAMING REGULATORY BOARD Emerging Human Rights Concerns Human Rights Implications of Gaming with a Focus on Youth The Lotteries and Gaming Regulatory Board should open regional branches and widely disseminate the Lotteries and Gaming Act to the InASSCS.

Committee Observations 1 .


The Committee notes that with the advent of betting, youths have become extremely engaged, looking forward to short term gains hence diverting the productive enerry of the you to gambling.

_ 2.

The betting companies have taken over a-11 comm buildings in strategic areas in the towns thereby taking all the attention of the youths.

3.

The supervision of the gaming centres is antin$, Recommendations 1.

The law enforcement agents should enfo and Gaming Act.

th flteries 2.
th flteries 2.

Government should review the tax regime on Gaming upwards to make them prohibitive 3, Government should urgently address the high levels of youth unemployment because it is a precursor to the unproductive, time wasting activities that the outh are engaged in.
I AJ:a.-2 \E*, N-1.-*.-) ..\ 3.9 MINISTRY OF ENERGY AI{D MINERAL DEVELOPMENT Human Rights Inplications of Land Disputes a Ensure that adequate consultations with communities are done before exploration and mining licences are given to investors.

a Verify the bona fide landowners and compensated prior to issuing prospecting, licences.
ensure that they are exploration and mining UHRC recommended that the Ministry of Ener$/ and Mineral Development, ensures that adequate consultations with communities are done before issuance of mining licenses to investors and that bonafide land owners are verified and compensated before licenses are issued.

Committee Observation The Committee observed that government's promotion of privk.:.
tment in mining has potential benefits for the development of the country and communities in which mining activities take place.

However, the lack of consultation with affected communities, inadequate information, lack of legal proof of land ownership (that is often c owned), forced at risk of right evictions and inadequate compensation, puts co abuses as mining activities increase.

nitie Recommendetions 1.

The Committee recoomends that Ministry of ineral Development: th local 2.
Develops and lmplements robust procedures to co communities and their leaders in order to obtain eir free and informed conaent before mining licenses are granted to investors e.g.

Hold public meetings in all affected communities, provislon of information at all stages and ensure tation process is all inclusive, that the c 3.
Together aasessme potential with NEMA, complements all environmental impact nt with human rlghts impact assessments, to assess the impacts that mining activlties have on affected 7E;'--r.r 4S r-), \-/.

(-q1.\ ._J S. communlties and their rights a8 well as planned interventions by mining companies to mltigate any rlghts violations.

4.
4.

Initiates reform of the Mining Act to require mining companies to provlde evidence of free and informed consent from affected communities prior to granting of mining leases and licenses.

5, Adequate diseemination of the provisions of the Mining Act to create awareness including rlghts and obligatious of the communities.

6.
6.

Ensure compliance with international human rights standards such as the UN Baslc Principles and Guldelinee on Developaent- Based Evictions and Dlsplacement when implementing any land evictions or displacementg.
Hence, conpenaatlon to alfected indivlduals should be fair atrd commensurate to the market value ofthe land, 3.1O MINISTRY OF WATER AND ENVIRONMENT \)- \ Food Insecurit and other effects of famine in selected districts in Uganda in 2017 The Ministry of Water and Environment should adequately equip the Uganda National Meteorological Authority so as to be thorough in i forecasts.

Committee observatione The Committee is in agreement with the reco UHRC.

n n of the 3.
n n of the 3.

1 1 THE NATIONAL FORTSTRY AUTHORITY utes and Human Land Dis Countrv: TracinE the Nernrs ts in Select Re I s in the 1 Together with the Uganda Wild Life Authority, National Forestry Authority should: .

(-) ---s-" A5 thnwq- 46 Enter into collaborative forest management agreements with local communities.
a Enhance coordination between them and line ministries, and with National Environment Management Authority, the Ministry of Lands, Housing and Urban Development and the Ministry of Energz and Mineral Development in giving mining licences for forest reserves.

a Strengthen mechanisms to fight corruption.


UHRC recommended that National Forestry Authority together with UWA enter into collaborative forest agreements with local communities and, enhance collaboration with other relevant government agencies in giving mining licenses for forest reserves.
3.12 UGANDA WILDLIFE AUTHORITY Emerging Human Rishts Concerns Land Disputes aud Human Rights in Select Regions in the Country: Tracing the Nexus The UHRC recommendations are based on a study UHRC conducted bet'*,een January and July 2Ol7 in several districts across the country.
It was found that land disputes such as forced evictions, disputes over compensation, land grabbing, border disputes and issues regarding compensation were prevalent hence violating rights to property, right to food and infringement on the right to culture.

UHRC recommended that together with t e National Forestry A Uganda Wild Life Authoriry should: ty, a Enter into collaborative forest communities.
manage t with a Enhance coordination between them and lin inistries, and with National Environment Management Authority, the Ministry of Lands, Housing and Urban Development and the ministry of Energr and Mineral Development in giving mining licences for forest reserves.

a Strengthen mechanisms to fight corruption.

.,.t, 47 S Committee Observations 1 .


The Committee observed that the existing legal framework sufficiently provides for public engagement in forest management (National Forestry and Tree Planting Act of 2013) and also recognizes customary rights of local communities in wildlife conservation areas (Uganda Wildlife Act, 1996).
It was noted that collaboration between government and 1ocal communities in resource management is still poor, communities have no control over decision making and implementing agencles have limited capacity.

Therefore implementation by NFA in partnership with Uganda Wildlife Authority of UHRC's recommendation is critical.

2.
2.

Recommendatlons: I 2 NFA in collaboration with IIIIIA should ensure effectiye participation of communities in forest Eanagemetrt and governance by promoting tranaparent and open decision-making processes.

Community Forest management arrangements shoul ensure representation of women and vulnerable groups to prote their interests.

I NFA and IIWA should stmplify processcs for eventual signing of agreements to reduce delays a ping and coats.

3.
3.

NFA and LItrIA should revise policies to provide for compensation in the event that Community Forest Manage men for investments righte are lost.

3.13 OFFICE OF THE PRIME MIMSTER Food Insecurity and other effects of famine in select Uganda it2Ol7 ln o The Office of the Prime Minister together with the Ministry of ld construct Agriculture, Animal Industry and Fisheries (MAAIF) sh national food reservoirs.
Committee Observations 1 The Committee notes the incidents of famine in different parts of the country due to unpredictable weather patterns and natural disasters and therefore agrees with the recommendation made by the UHRC.

a\ 8 jy ,&,, Recommendation 1.

There is an urgent need for a policy on national and regional food reservoir given the onset of the Covid 19 pandemic that has negatively affected the populatlon.

2.

Government should come up with a law oa food security in the country.
Government Comoliance with UHRC Annual Reoort Recommendetions UHRC expressed concern about the failure of government to comply with its recommendations contained in previous annual reports.

The following recommendations are specific to the Office of the Prime Minister: Government through the Office of the Prime Minister and Parliament should establish the Disaster Preparedness and Management Commission to deal with disasters in accordance with Article 249( 1) of the Constitution of Uganda.
Emerglng Human Riehts Concerns Land Disputes and Human Rights ln Select Regions in Tracing the Nexus ,.1Y ttse Country UHRC made the following recommendation in respect of the Ministry of Relief and Disaster Preparedness: UHRC recommended that the Ministry of D aster lPreparedness resettles communities that have been evi Committee Observation Articie 249(1) of the Constitution provides for the esta Disaster Preparedness and Management Commission for Uganda to deal with both natural and man- made disasters but this had never estabiished.
en t of the een Recommendation The Committee recommends that the Office of the Prime Minlster establlshes the Dlsaster Preparedness and Management Commission to deal with t ce with the Constitution.
disasters in acc -..o "v 1 f NT 49 3.14 UGANDA LAW REFORM COMMISSION ISSUES RAISED AND RESPOilSES RELATED TO LAND DISPUTES (') AND HUMAN RIGHTS Recognise customary land ownership in its own right without requiring registration 8o that people can be able to defend themselves in court without being asked to produce documentary proof.

RESPONSE Customary land is registered and certificates issued at district 1eve1 th with mechanisms that allow the registrar to transfer certificates to central registry.
This is provided for under section 4 of the Land Ac (ii) Ensure that the Land Acquisition Act, 1965 is nded to meet the constitutional requirements for c 26. mpeflsation under Artic RESPONSE ,| In the FY 2ol8l2ol9, the Commission carried out y on land related laws.

The overall objective of this review was to examine land related legislation to make recommendations to improve land ownership, use, planning, management and administration.
The Commission also undertook a study to develop legislation to govern property valuation in Uganda in the FY 2Ol9 12020.

The study reviewed valuation processes and approaches, which affect rights of landowners.

The recommendations and legislative proposals contained in the draft study reports are important for furthering land rights of different land tenure ownerships.

il@-.

*, /.C a 50 The Land Acquisition Act, 1965 has been reviewed by the Ministry of Lands, Housing and Urban Development.
The Commission is a member of the Land Review Working Group of the Ministry of Lands, Housing and Urban Development.

A Land Acquisition Bill has been developed as a result of the work of the Working Group and Article 26 of the Constitution has been taken into consideration.

It contains proposals to consider other modes of compensation besides monetary compensation.

(iii) Together with the judiciary, build capacity of the members of courts.
RESPONSE The Uganda Law Reform Commission in the FY 2Ol9 l2O2O slated the Local Council Courts Act into five local languages.

These are Kupsabiny, Lunyara, Lutwa, Kumam and Madi-Ti.

Once the translations are printed, the Commission plans to distribute copies to t relevant communities, will b members of the Local Council Courts recipients.
specihcally targe AS T is plan has been The Commission plans to undertake more translation submitted to the Justice Law and Order Sector (JLOS) for consideration and inclusion in the Sector budget plans.

GENERAL COMMENTS 1ffiu", The Commission notes that the right to property is not absolute.

It is subject to eminent domain, an essential part of state sovereignty, whose goal must be for the good of the public.
Eminent domain is subject to two essential conditions: private property is to be taken only for public use and just compensation must be paid for the property taken.

It has been noted that has been as Government is willing to compensate those whose whe N3 51 's - ,.

compulsorily acquired, it does not always do so effectively and adequately as provided for in the Constitution.
A case in point is the directive made by the Deputy Speaker on Thursday 16ft May 20 19 tasking the Minister for Works and Transport to study a petition by residents of Kagarama Town Council, Ntungamo District over pending compensation.
This directive was a result of a petition presented by the Kajara County MP, which urged Parliament to investigate the compulsory acquisition of land in Kagarama Town Council by the Road Agency Formation Unit for purposes of constructing the Ntungamo- Kagarama road without compensating them.

Committee Observations: 1.

The efforts undertaken by the Uganda Law Reform Com on ln collaboration with the Ministry of Lands to review the existing land legislation such as the Land Acquisition Act are commendable.
The poor and vulnerable suffer disproportionally when government appropriates land without compensation.

In reality, the Land Acquisition 1aw in its current form poses a danger of compulsory acquisition but with inadequate compensation.

The proposal for other modes of compensation other than monetary compensation as proposed in the Land Acquisiti Bill would go a long way in ensuring that compensation lS appropriate an commensurate to the gravity of the violation or loss.

2 ,) Recommendations: 1.


Uganda Law Reform Commission together with inistry of Lands, Housing and Urban Development (MOLHUD) should ensure that amendments to the Land Acquisition law provide for fair and just compensation for any losses of personal, real or other property or goods, including rlghts or interests in property.

o 3 Ministry of Lands, Housing and Urban Development (MOLHUDI should ensure full participation of affected persons, groups or communities in the p return and resettlement processes.
lanning and management Additionally, MOLHUD should facilitate the resettlement of such persons in a just and equitable manner in accordance with International human rights norms and principles.

Vlhere return is @nt=.,, 5Z i-e .)

possible, the Ministry in collaboration with local government leaders should provlde support for voluntary return in safety and security, and with dignity, to their homes.
ISSUES RELATED TO THE RIGHT TO IDENTITY (i) The UHRC report recommends that the Registration of Persons Act, the Refugees Act and the Children Act should be amended to recognise the obligation of authorities to register the birth, in Uganda, ol children of refugees and asylum seekers.

RESPONSE Section 28 of the Registration of Persons Act, 2015 provides that registratron of every birth within Uganda is free and compulsory.

This provision should be read as is.


It provides for registration of all children born in Uganda, in line with Article 18 of the Constitution, which provides that the State shall register every birth, marriage and death occurring in Uganda.

(ii) Section 1 (2) (b), 14 (2) (b) and 25 (e) of the Registration of Persons should be amended to eliminate the against refugees.

ons that discrl te RESPONSE Section 1 (2) (a) and (b) exempts the registration o persons who are not resident in Uganda or Refugees.
There is a specific law that provides for refugees in Uganda that is the Refugees Act, Act No.

21 of 2006.

The regulations2 made under the Refugees Act make provision in Part VI or registration of refugees.

Section 14 of the Registration of Persons Act relates to t Identification and Registration Authority, the Board and has nothing to do with refugees.

e National lated matters, it ' Refugee Regulations, No.
9 of 2010 -o -f.' 53 Section 25 of the Registration of Persons Act is on l-rnancial estimates of the Authority of the National Registration of Persons, it has nothing to do with refugees.

The Commission believes that recommendations concerning sections 14 (2) (b) and 25 (e) are improperly cited (iii) The Constitution should be amended to recognise the rights of children born in Uganda to Ugandan citizens, if they would otherwise be stateless.
RESPONSE The Commission observes that the current legal regime provides generous support for the integration of refugees in Uganda.

Article 11 of the Constitution presumes citizenship of a child less than five years of age found in Uganda whose parents are not known and adopted.

Currently children born of refugees in Uganda do not get automatic citizenship but are registered on the refugee identihcation cards of their parents.
The Commission further observes that under international treaties including the UN Convention on the Rights of the Child, governments are obliged to grant nationality to any child born on their soil who would otherwis e e stateless.

The Commission notes that very few countries have In Europe for example, very few EU countries have into their domestic law and others have consistently because ofthe financial burden it places on a State.
ad ad d rs prlncr lep ted this pri fail to ement I The Commission proposes that the Committee matter with the Office of the Prime Minister (OPM).
further co on this (iv) Dual citizenship for older chlldren The UHRC report states that the Registration of Persons Act should be amended to provide that older children shouid have a right to decide whether to accept Uganda nationality when their parents acquire ,\_, Ugandan nationality, in particular if doing so would require renunciation of their previous nationality.

RESPONSE The Registration of Persons Act does not deal with the issue of dual citizenship.
Article 15 of the Constitution is clear on the issue of duai citizenship.

It does not require a citizen of another country to renounce their citizenship because their parent has acquired Ugandan citizenship.

Besides, there is a presumption that "older" children are adults who can make their own decisions and apply for citizenship in their own right.

(v) The law should oblige hospitals to take meas sto revent the of new-born children.

RESPONSE The law already provides for this kind of offence.
Section 15 4 of the Penal Code Act, Cap.

I2O provides for the offence of child stealing.

It provides that any person who takes a child below 14 years from his or her parent or guardian commits an offence.

The Commission is of the opinion that this law seeks to punish perpetrators, abettors or aiders and prevent theft of newborn children and is adequate to address the problem.
However, child theft is not infrequent and therefore the Ministry Health should come up with Policy Guidelines as an administrative measure for in place the necessary hospitals/ medical facilities to put mechanisms/protocols on handling of new-borns to avoid thefts from the moment of birth until parents and child are discharged from the facility.

Parents/ guardians may also explore the avenue provided under Civil actron by suing the hospitals/medical facilities when such an event occurs.
This is sure to result in Iurther compliance to the above suggested guidelines.

policy @--<e ha -ff -3* 55 (vi) The UHRC report also states that the Registration of Persons Act should be amended to provide for registration of children without both parents, with a single parent or those found dumped on the streets.

RESPONSE The Registration of Persons Act provides for the registration of every child born in Uganda.
The Act does not require the presence of both parents at the registration of a birth and specifically provides for the registration of the birth of foundlings in Section 33.

Section 33 provides that the Authority shall register presumed births.
Subsection (2) provides that any person who finds a child whose parents are unknown or any person who is given to take care of a child shall report immediately to the nearest police station or health centre as the case may be, sha1l cause to registered such particulars concerning the birth of the child to a regis registration area in which the child was found.

tra ono cer 1n Section 1 (1) of the Registration of Persons Act, 20153 ro tion of all persons in Uganda.
This should cater for chil orlt registra both parents, with a single parent or those abandoned.

This recommendation is also addressed by section 3 1 (1) (b) and (c) of the Registration of Persons Act, which creates a duty on any person in the absence of a father or mother of a child to give notice of birth.

or the The Refugees Acta also provides for the registration of unacco anied children in Section 32 (3).

The Commission has reviewed the Refugees Act.


The issues raised by the Uganda Human Rights Commission report on the rights of refugee children have been considered during the study.

The study report with proposals will be published and shared with key stakeholders ,x:,i Committee Observations rl.En 3 Act No.

4 of2015 a Act No.

21 of 2006 <-) /.*.


}\' 56 Registration of Refugees issues 1 2 4 ULRC's response that the registration of unaccompanied children and that of refugees generally, is ably covered under the Refugees Act, No.

21 of 2006 and regulations made thereunder is plausible.
More so, the Committee observed that refugees resident in Uganda for periods not less than 20 years, are eligible to be considered for citizenship, on application for naturalisation under Section 16 of the Uganda Citizenship arrd Immigration Control Act.

Therefore, amendment to the Registration of Persons Act regarding the issue would be unwarranted.
However, the Committee noted that while refugees registered with the United Nations Refugee agency often receive a UN document and are also registered by the Office of the Prime Minister (OPM) in recognition of their refugee status, in reality many refugees that came to the country several years ago, have no ongoing contact with their country of origin, have fully integrated into the host communities yet lack identification from their countries of origin.
In light of the later situation, children born are likely to remain stateless because they can neither acquire citizenship based on birth in Uganda nor citizenship from their parents' country of origin due to lack of documentation.

The law stipulates that persons born in Uganda whose parents or grandparents were refugees at the time o eligible for citizenship by registration (Article 12 (a) Citizenship and Immigration Control Act) f their bi (ii) and S 14(1)(a (ii) of are Recommendation 1.
The committee recommends that children of re Uganda should be granted citizenship and should be re birth as Ugandans.

bo ln dat 2.

Refugees should be encouraged to engage in productive activities rt on host in order to reduce the economic pressure that they communities.
Committee observation on dual citizenship The Committee Iinds ULRC argument that the Constitution of the Republic of Uganda does not require a citizen of another country to renounce their citizenship because their parent has acquired Ugandan citizenship reasonable.

Therefore, the provision is adequate to address any challenges that may arise where an older child chooses not to take up Uganda ctttze S lp.
ffi^k., According to the Uganda Citizenship and Immigration Control Act, 2006 which gives effect to Article 15 of the Constitution,), a citizen of Uganda who is 1B years and above can voluntarily acquire citizenship of another country and retain citizenship of Uganda as well, subject to the Constitution of Uganda, the Citizenship and Immigration Act, and any law enacted by Parliament.

Similarlv.
Similarlv.

a citizen of another countrv can voluntarilv acouire Usandan citizenship and remain a citrzen of his / her countrv if it allows dual citizenshi For emphasis) 4.O ISSUES RELATED TO CHrLD PROTECTTON (ALTERNATTVE CARE, INTER COUNTRY ADOPTION, JTryENILE JUSTICE, CRIMES AGAINST CHILDREN, EMPLOYMENT OF CHILDREN, TREATMENT OF CHILD VICTIMS, RIGHT TO HEALTH; RIGHT TO EDUCATION, ..' RTGHTS OF CHILDREN WITH DISABTLITIES).
(il The UHRC report recommends that the Children A amended to eliminate "beyond parental control as should ground for the e imposition of care orders RESPONSE p. 59 The Commission carried out a study on reform of the Children Ac which was submitted to Ministry of Justice and Constitutional Affairs in 2OO7 .

The proposals led to the enactment of the Children (Amendment) Act, No.

9 of 2o16, which Act amended the Children Act, Cap.
59 to among other things, enhance protection of children and strengthened provisions for ost of the guardianship of children.

The amendment addressed recommendations made by the ULRC.

rJ"fl{t The Commission is of the opinion that the amendment propo d by the UHRC is not necessary.

Section 2 1 (b) (ii) of the Children Act, Cap.

59 outlines the circumstances when court may make a supervision or care order.

One of the circumstances which may guide court is the child being be ond parental control.
This could mean either that the parents are unable .€F€{ rs 58 'o to take charge of the child's behaviour or that there are circumstances that make the parents unable to provide for the child's basic needs.

The Commission undertakes to follow up on areas that may require subsequent review.

liil The Children ActS should be amended to expressly provide that children should be placed in approved homes only lf no other suitable form of alternative care is available in Uganda.
RESPONSE The Commission is of the opinion that the law clearly provides for this recommendation.

The Children Act, Cap.

59 makes provision for the placement of a child in an approved home only if doing so would be --- benehcial to the child.

The Commission observes that the Family and Children only make an order to place a child in an approved home satisfied that the child's life is in danger as seen in the sec (FCC) will here e Court ns bel Section 17 of the Children Act, Cap.
59 provides that a Family Court shall not make a supervision order or a care order unless it that doing so would be beneficial to the child.

chi iders Section 19 provides that on the application of a probation and social welfare officer or an authorised person, a Family and Children Court may make a care order or interim care order, placing a child in th rden of an approved home or with an approved foster parent.
e care of Section 21 provides the grounds for making a supervision or care order where the court is satisfied that the child concerned is suffering or is likely to suffer significant harm 5 Cap.59 59 Section 27 (2) provides that an application for a care order may only be granted in extenuating circumstances such as: (a) Where all possible alternative methods of assisting the child have been tried without success and the signiiicant harm from which the child is suffering or is likely to suffer requires his or her removal from where he or she is living; or (b) the danger to which the child is exposed is so severe as to require his or her immediate removal from where he or she is living.
(c) Section 58 (1) provides that an approved home shall provide substitute family care for a child until such time as the parents of the child are able to provide adequate care to meet his or her basic needs or the child completes three years in the home or attains the age of eighteen years, whichever is earlier.
(i) The Children Act and other relevant legislation should be amended to make the measures for protection of victims required by Part III of the Prevention of Traflicking in Persons Act able to all crim of violence against children.

RESPOITSE The Commission will consider action.


the recommendation an necessary (iil The Children Act and other relevant legislation should be amended to recognise that all children victims of violent crime and their families where appropriate, have rights to restitutiou, the cost of reintegration and compensation for injuries and losses similar to those recognised by the Prevention of Trafficking in Persons Act.
Cffi.-, RESPONSE 60 l/ ,/ ,\ The Commission will consider the recommendation and take necessary action.
(it The UHRC report states that the provisions of the Children Act on inter country adoption should be amended to provide that inter country adoption may be authorised only if no suitable form of alternatlve care for the child is available in Uganda, and only if the aorms and standards concerning adoption in the other Jurisdiction providee safeguards and guarantees equivalent or superior to those recognised by the law in Uganda.
RESPONSE Section 46 of the Children's Act as amended is as follows: ( 1) A person who is not a citizen of Uganda may in exceptional circumstances adopt a Ugandan chi1d, if he or she- (a) has stayed in Uganda for at least one year; (b) has fostered the child for at least one year und r the supervision of probation ald social welfare officer (Previousl prospective adoptive parent to foster for three years the la* re tc) does not have a criminal record; (d) has a recommendation concerning his or her suitability to from his or her country's probation and welfare office competent authority; and opt a child or other (e) has satisfied the court that his or her country of origin will respect and lrru- recognize the adoption order.
\ / -\t7 (21 For the purposes of an application for inter counr4/ 1tfoption, the probation and social welfare officer referred to in subsection (1) (b) shall be ired to submit a report to assist the court in considering -@-.-6", 61 P*{J-s application; and the court may, in addition, require some other person or authoritlz to make a report in respect of the application.
(3) Under section 46 (5), advocates, probation and social welfare officers or guardians may facilitate courts of law with information to protect the best interest of the child.

Section 46 (6) provides that inter-country adoption shall be considered as the last option available to orphaned, abandoned or legally relinquished children, along a continuum of comprehensive child welfare services.
For purposes of section 46, a continuum of comprehensive child welfare services has been dehned as a broad range of preventive services and community-based family centred alternative care options which may include family preservation, kinship care, foster care and institutionalisation.

It is the Commission's view that the Children Act section a6 (1) (d) and (e) comprehensively covers the concerns that are raised by the UHRC report.
(i) The Children Act should be amended to taking children in their care out of he co n of the pro ston oft prevent clrcu country adop on.

bit dians from try in order to Act on inter RESPONSE atw comprehensively considered Guardianship was one of the iss ES during review of the Children Act.

Se C 3G of the Children Act as amended provides that the court, if satisfied that the applicant has fulfilled the conditions for guardianship under the Act, may make an order for guardianship of the child.
Under section 43 H, a guardianship order vests.

parental responsibility of a child in the guardian.

4 The Commission study of the Children Act in 20O7 which ted in amendment of the Act established that many times, people attempted to nt the law on adoption because of the long fostering period for clrc -c#*^r-: 62 \ foreigners and the requirement for in-country residence before adoption was granted.

This has been addressed and the timeframe for fostering reduced from three years to one year.
To require the law to restrict travel abroad with a child for whom a person has parental responsibility would interfere with the welfare principle.

In any case visa and travel requirements will always record the particulars and status of the child.
The Commission is of the opinion that this recommendation is also covered under Section 4 (b) of the Prevention of Trafficking in Persons 4610, which provides that a person commits the offence of aggravated trafficking where adoption, guardianship, fostering and other orders in relation to children are acquired for purposes of exploitation, (i) The process of ratification of The Hague Convention on the protection of children and cooperation in pec tdfin ter -coun adoption should be expedited.
RESPONSE The Commission agrees with this recommendation because it wo d enable effective implementation of the provisions relating to inter-country adoption.

(i) The Refugees Act7, should be amended to recognise that temporary forms of care should be given priority over adoption as methods for protection of the rights of unaccompanied refugee children and unaccompanied child asylum seekers.
/1 RESPONSE The Commission's review of the Refugees Act, established that the Office of the Prime Minister has provided ave nues for children to cess temporary forms of care including foster homes.

W*ou 6 Act No.7 of2009 7 Act No.

21 of 2006 l".t-).--.,.--- 63 (vii) Sections 43 (1), 43A (21 and 43C (4) of the Children Act should be revised to ensure that provisions on temporary forms of alternative care take account of the special needs of unaccompanied refugee children.
RESPONSE The provisions highlighted above are intended to apply to children generally, without discrimination; that said, the guiding principles dealing with children, are laid down in section 3 of the Act which provides that the welfare principle and children's rights shall be the guiding principles in making any decision based on the Act.
The Welfare Principle provides that whenever the State, court, a local authority or any person determines any question with respect to the upbringing of a child or the administration of a child's property or the application of any income arising from it, the child's welfare shall be the paramount consideration.
Section 27 (5) of the Refugees Act8 allows a commissioner to investigate ascertain the family situation of an unaccom nied chiid who en Uganda and wishes to remain in Uganda as a re may make recommendations regarding the adoption f the Children Act, or other applicable law ee.

The Com (viii) The Judiciary should adopt rules to ensure that j Courts have all the same rights of juveniles Children Courts.
in ftigh en ",tLa ed by Family and RESPONSE This recommendation is already provided for under section 1O4 (3) of the Children Act which provides that in any proceedings before the High Court a Act No.

2l of 2006 @"-^n.

ir3-**!

64 in which a child is involved, the High Court sha11 have due regard to the child's age and to the provisions of the law relating to the procedure of trials involving children.

(ix) The Children Act, Cap.


59 should be amended to recognize aftercare as the right of children released from detention to any necessary assistance in reintegration into the family and community.

RTSPONSE The Commission observes that aftercare is provided for under Section 98 of the Chiidren Act, Cap.

59.
59.

The section provides that before a child is released from detention, the probation and social welfare office and the authorities in the detention centre shall discuss the period of aftercare with the child, but in all circumstances it shall not exceed twelve months after the child's release from detention.

The Children Act is however silent on the definition of aftercare.
The Commission recognizes that aftercare should include assistance, surveillance and the control of juvenile offenders in reintegration into the family and community to minimize chances of reoffending.

The Commission has taken note of the omission and will make recommendation to the Attorney General to have the n Act amende a to address the omission.

RESPONSE This recommendation is already provi d for in section 59 (2) of NS Act e which provides for the admission of female prisoners with infants.
Section 59 (3) provides that a female prisoner, pregnant prisoner or nursing mother may be provided with special facilities needed for their condition. '

Act No.

I 7 0f 2006 t'ffi^*-, 65 The Sentencing Guidelines for Courts of Judicature (Practice) Directions, 2013.

Directions 9 (4) (d) and 49 make provision for sentencing of expecting and breast feeding mothers.

The Guidelines refer to them as caregivers.


The Uganda Law Reform Commission carried out studies on both the Penal Code Act and the Prisons Act between 2074 and 2016 and the study reports and legislative proposals were submitted to the Attorney General for further action.

The study report on Reform of the Penal Code Act recommended (page 20) that the mandatory death sentence should be replaced with a discretionary one.
This would a11ow judicial officers to put into consideration issues of pregnancy and early motherhood while sentencing a pregnant woman.

From the study on review and reform of the Prisons Act, the Commissron made several recommendations which include: (a) (b) (c) (i) courts should be enjoined to consider alternatives such as community service, bail, parole, early release, suspended sentences or caution in deserving cases.
setting up child care facilities at women prisons to provide for the special needs of infant children.

increase of the time for which a child can live with the mother prison from 18 months to 24 months.
The Prevention of Trafficking in Persons Act should be'amended t criminalize improperly inducing consent to adoption, to bring ce wl Article 3 (1) (a) (ii) of the Optional Ugandan 1aw into comph ts of the Child on the sale of Protocol to the Conv children, child pros tion on tio and d pornography \ / *- RESFONSE @u=^ Section 3 (1) (a) persons Act minal 1S (b) and 5 of the Prevention of Trafficking in obtaining of consent for adoption matters 66 l.-D.:J- o for purposes of sale of children, child prostitution, child pornography and child employment.
Section 47 of lhe Children Act provides for consent in adoption matters, it provides for how court can obtain such consent and when it can be waived.

Where such consent is not properly or honestly procured, such matters should be handled within the Children Act and not the Prevention of Trafficking in Persons Act.

The Commission is undertaking a study to address the grooming of children for sexual exploitation.
The study is intended to address individuals and networks that lure children into friendly and emotional relations disguised as good intentioned which lead to trafficking of children for sexual abuse, prostitution and pornography.
(x) Section B (3) of the Children Act10 should be amended to speci$r the sentence for the employment of children in harmful or hazardous work; the Employment Actl l should be amended to make it applicable to all children under the age of 18; and the Employment Act should be amended to bring the minimum age for employm with the mrnrmum age r ognised by t.t2 Prevention of Traflicking in P armonv Act and the I the Chil r t into NS e RESPONSE While the Children Act under section 2 defines J.ild as a person below l8 years, it does not provide limitations.
Section 8 stipulates that no child shall be employed in any activity that may be harmful to the child's health, education, mental, moral or physical development.

These guidelines are reflected in S. 32 of the Employment Act of 2006 which prohibit the employment of children below the age of twelve years from any business, Io Act No.

9 of 2016 rrActNo.6of2OO6 12 Act No.

7 of NC S, 67 undertaking or work place.


The Employment Act further provides that a child will not be employed between 7:00 pm and 7:00 am.

It also specifies that a child will only be allowed to do light work under the supervision of an adult.
Section 1O9 of the Children Act provides that a person who contravenes any of the provisions of the Act commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding six months or to both.

Under section 96 of the Employment Act, there are penalties for any offence which is not specihcally provided for.

Illegal employment of children would fall within this category.
The Commission is agreeable to the second recommendation.

It is noted that the different laws have prescribed different minimum age for employment of children.

The Prevention of Traflicking in Persons Act provides for the minimum age as 16 years (Section 8 (d)).

The Empl ent.. Act, 2006, provides for the minimum age as fourteen years (secti 32 (2)).

The Children Amendment Act provides for the minimum age as 16 ars 8 (1)& (2)).
e The laws pertaining to the employment of children should be cl ambiguity to facilitate better implementation.

The existence of gaps and contradictions enables un the scrupulous persons to exploit gaps r disadvantage of children.

The Commission undertook a studv for r rm f the Emp oyment Act.

The study report and legislative proposals were submitted to the Attorney General in 2077 .
The Ministry of Gender, Labour and Social Development has finalized consultations on the Employment Amendment bill 2019 and is ready to have it introduced to the Parliament.

The Commission will communicate to the Attorney General and the Ministry of Gender, Labour and Social Development the need to include an amendment into the Employment Act bill to bring the minimum age for employment i 68 t harmony with the minimum age recognised by the Children Act and the Prevention of Trafficking in Persons Act.
(xi) The Children Act, the Prevention of Traflicking in Persons Act or other relevant legislatlon should be amended to recognise the right of all child victims of violent crime to be heard through procedures designed to meet their special needs as witnesses.
\ a ([ 69 RESPONSE The Commission has carried out studies that address this issue including review of the Evidence Act and study on witness protection, both of which culminated in draft bills which were submitted to the Ministry of Justice and Constitutional Affairs for further management.

The Witness Protection Bill provides for special protection of child witnesses under Clause 32.
It requires that: (a) Every child witness of crime has the right to have his or her best interests given primary consideration.

(b) A child sensitive approach that gives primary consideration to a child's right to protection and that takes into account a child's individual needs and views, should be adopted when dealing with child witnesses.
(c) A child witness of crime shall be treated in a caring and sensitive manner that is respectful of his or her dignity throughout the legal proceedings, taking into account his or her personal situation and immediate and special needs, age, gender, disabilities if any, and 1evel of maturity.

(d) Professionals working with child witnesses shali undergo appropriate training on issues related to children's rights.
The Commission study report and draft bill arising from review of the Evidence Act made proposals for technological advancement in evidence gathering and production in court which gives protection to the victim.

This includes the use of video technologr for taking evidence, witness identification nation of and video for .

witnesses.

^ e pilot The proposals above are already phase and will eventually be rolled out country wide.
The courts are now using the Judicature (Visual Audio link) Rules, SI 26 of 2076 for ing practiced by courts in C#r--lL,-, r.C---l: ) addressing matters involving childre n and employing other child friendly procedures in the administration of justice.

13 (xii) The Refugee Act or regulations should be amended to recognise special procedures and measures needed to enable unaccompanied children to be heard and have their views, needs and experiences taken fully into administrative proceedings under the Act.
RESPONSE This recommendation is provided for in the law.

Section a ( 1) (b) of the Children (Amendment) Act, 2016 provides that every child shall have the right to express his or her view, belief or opinion on any matter that affects his or her well being.

Section 27 (5) of the Refugees Act, 2006 provides for a commissioner to investigate and ascertain the family situation of an unaccompanied chil who enters Uganda and wishes to remain in U da a a refugee.
commissioner can only ascertain the material facts c ncern g the chil hearing and talking to the child (xiii) The Immunization Act,2Ol774 should be amended t cover o in Uganda, regardless of nationality, to bring it int section 4 ( 1) (i) of the Children Act.

ildren h monv with RESPONSE c@;*,, The Commission is agreeable to this recommendation.
We observe that the import of section 4 (1) (j) of the Children's Amendment Act, 2O16 is that a child should be able to access medical care irrespective of their nationality.

t3 Child Friendly Legal Aid in Uganda, Le Aid Service Providers Net\,vork, pg.
37 ra Act No.7 of 20'17 t,r/ \.r' 53.T" 77 Section 4 (l ) (,) provides that every child should be treated without discrimination of any kind, irrespective of his or her race, color, religion, belief, age, family status, culture, ethnicity, nationality, or social origin, citizenship, gender, disability if any, political or social opinion.

The Commission will recommend to the Attorney General and the Ministry of Health that the Immunisation Act is amended to cater for the gap.
(xiv) The Education Act should be amended by the addition of a sectron requiring schools to accommodate pregnant pupils and students and support them in completing primary and or econdarv education to bring the Act in line with Article 1 1 of the Rights and Welfare of the Child.

rlcan Charter on RESPONSE The Education Act was repealed by the Education (Pre-Prima Primarv and Post Primary) Act, 2O08, Act No.

13 of 2008.
13 of 2008.

The Commission is of the opinion that the school environment should aim at fostering good moral values in children.

Allowing pregnant students in school may give the impression to the rest that it is an accepted practice to get pregnant while in school.

It should be the responsibility of the parents to ensure that the child returns to school once they have given birth.
rtt \- (xv) The Education Act should be amended to require schools to adopt measures to reduce school dropouts; for instance, by identilication of children at risk of abandoning school and the factors that contribute to that risk, in order to take measures to assist the child and his or her family overcome such factors.
RESPONSE The Commission observes that the Education (Pre-Primary, Primary and Post Primary) Act holds accountable a person, organisation or agency that refuses to enroll or deters a child from enrolling for education.

Such t-C'-,i I .<L_ lffimwr+ person, on conviction is liable to pay a fine not exceeding hft5z currency points or face other punitive measures.
The Commission observes that in schedule 2 of the local Government Act Rule 7, the district council has the duty to aid and support the establishment and maintenance of schools and provide bursaries to assist in the education of children of persons residing in the district.

(xvi) A section on gifted children should be added to the Education Act, as a step towards developing a policy and programmes or activities for them.
Section 57 which authorizes the ons on gender aspects and special-need appropriate place to address this issue.

Min ter td .adopt regul se cation might an RESPONSE The Government has already instituted a policy that re ognizes special talents.

Exploitation of talent in schools is encouraged through an award system for students who excel and some schools give scholarships to students who excel in sports, art or drama.
(xvii) Ugandan legislation should clearly provide for inclusive education and registration of schools for children with disabilities.

RTSPONSE This recommendation is already provided for in the law.

Section 6 of the Persons with Disabilities Act, 20O6 provides that an institution of learning shall not discriminate against a learner with a disabili ty, on the ba s of the disability.

@_^.= Section 9 (c) of the Children Act, Cap.


59 provides th dren with disabilities and the State shall take appropriate steps to see that those children are afforded facilities lor their rehabilitation and equal opportunities to.e ucation.

at parent ofc Section 15 (2) (k) of the Education (Pre-Primary, Primary and Post Primary) Act, 2008, Act No.

13 of 2008 imposes a duty on the head teacher to make the school friendly especially to the girl child and pupils with disabilities.
(xviii) The Persons with Disabilities Act should be amended to criminalize tion of childre t, abandonment, neglect or segre the concealmen with disabilities.

RESPONSE Section a (3) of the Persons with Disabilities Act, 2O19 with a disability sha11- t child (a) enjoy all the rights enshrined in the Children Act on an equa-l basis as a child without a disability; and (b) have the right to know and be cared for by his or her parents or guardian.
Section a $l of the Act provides that a parent or guardian of a child with a disabilify shall have the duty to raise the child and ensure the child's proper upbringing and development.

Under section 4 (5) any person who contravenes the section is liable on conviction to a fine not exceeding twent5r-four currency points or a term of imprisonment not exceeding twelve months, or both.
\/- ,/ ,Y Further section 9 (9) provides that a person who willfully prevents a child with a disability from attaining education commits an offence and is liable, on conviction, to a fine not exceeding twenty currency oints or imprisonment for a term not exceeding six months or both.
(xix) The Persons with Disabilities Act should be amended to require the Government to support information, awareness and support activities designed to prevent the concealment, abandonment, neglect or segregation of children with disabilities by their parents.

lc--{)- 74 RESPONSE There is need to progressively implore the government to provide funds to the institutions mandated to safe guard the rights of people with disability to enable them undertake their work.
Committee Observation There is iimited availability of special needs schools in the country and the available ones are not well equipped.

Committee recommendation There is need to put in place appropriate education facilities for children with disabilities to eaable them to easily access education.
(xx) Section 24 ol the Persons with Disabilities Act, which provides that "No person with disabiiities shall be denied a driving permit by reason of his or her disability" should be amended by the addition of a clause to make an exception for measures necessary to protect the health or safety of persons, in order to bring this sec n into harmony wi Section 9 (e), which requires road safet5z policie o be strengthened S RESPONSE Section 14 of the Persons with Disability Act provides that for g the fundamental rights and freedoms of persons with disabilities, the ' Government shall promote a policy of affirmative action for persons with disabilities including employment of persons with disabilities in the public p servlce.
The Commission appreciates that the exception that is being propo sed is intended to ensure that no person is given a driving permit that will endanger the lives of other road users which is in conformity with section 9 (e) of the Persons with Disabilities Act that provides for "the strengthening and implementation of road safety policies to minimize road accidents" ( <r(€-,.q-.., However the Commission notes that section 4 1 of the Traffic and Road Safety Act, (1998)ls is clear on the procedures to be followed before a permit is granted.
These procedures include practical driving tests.

The Commission is therefore of the opinion that the procedures provided in this section address the problem.

Committee observations a) Amendment of provisions in the Children's Act 1.

The Committee observed that some of the recommendations by UHRC in respect of protection of children rights, their protection in alternative care and adoption had been implemented through enactment of the Children's (Amendment) Act No.

9 of 2O16.

2.
9 of 2O16.

2.

The Act as amended, makes provision for full rights of the child, restricts guardianship to only Ugandans, persons that adopt children are obliged to provide periodic reports on the child and placement of children in an approved home when after court's determination, its beneficial to them.

The Act also provides for protection from harmful cust marriage, Female Genital Mutilation / Cutting) , employment and also, prohibits corporal punishm ractices (e.g.
chi p on from rote t Recommendations 1.

The Uganda Law Reform Commission sho view the Children'e Act periodically to ensure all aspects including suppoft to child victims of violence, trafficking and other forms of abuse are taken into consideration.

( ^ \ / .V"- 2 3 The ULRC together with the MOGLSD storild popularlzc--the Children's Act, 2O16 by producing child friendly materials and ensuring that these are tranelated into local languages.
The MOGLSD should support implementation of the Act across different sectors e.g.

education, health, justice and social welfare.

Specific focus should also be put on monitoring violeace against children ln schools and taklng the necessary action in t event thet violations occur.

C\, '5 Cap.
C\, '5 Cap.

361 c6=-*-f'*il 76 bl Build the capacity ofthe Local Council Courts Observations I 2 The Committee observed that strengthening the capacity of the Local Council Courts (LCCs) system is critical because these provide the most direct avenue to majority of the population to access justice- they are physically accessible since they operate even at the lowest level of the local government system, proceedings are conducted in the local language and minimal fees are paid.
The regular Court system however, is limited in accessibility to many yet also expensive hence limits accesses to justice by the poor and r,rrlnerable.

The Committee further noted that although transla Council Courts Act into five local languages has number is sti11 inadequate.

of the Local done, the ti Recommendations 1 2 Government should adequately fund the ULRC to translate laws into local languages.
The ULRC should enaure that the Act is translated into more local languages and make certain that languages selected are '*=5 n representative of the all regions in the country.

The should be completed within the next five years.

en eit 5.O ISSUES RELATED TO MARRIAGE, DIVORCE AND PROPERTY (i) A comprehensive statute on marriage covering a1l forms of marriage considered appropriate for Ugandan societ5r should be adopted and approval of the Marriage and Divorce Bill should be expedited.
RESPONSE The Commission undertook a study and made proposals for reform of marriage laws.

The proposals have been subject to Parliamentary discussion but not enacted into legislation.

In the Sth/gth Parliament, the Marriage and Divorce pi11, 2OO9 went through the first reading, discussion was 'aA={^k\ .-(^' i.--).- .l** 77 suspended, and Members of Parliament were asked to go and consult their constituents on the Bill.
ln 2017, the Minister of Justice and Constitutional Affairs requested the Commission to undertake further Consultation on the Bill, where upon, the Commission consulted stakeholders and drafted proposals for amendment of the Bill.

The proposals were submitted to the Minister and will be introduced for discussion at the next Parliamentary discussion of the 8i11.

The proposals address some of the issues raised in the Uganda Human Rights Commission report like the minimum "g" f6(. ]
marnage This financial year, the Commission is undertaking a stu on cohabitation in Uganda.

In this study, the Commission is interrogating the policy and legal implications of cohabitation to establish and provide for the rights and obligations of persons who are cohabiting.
Proposals that touch on aspects of cohabitation were taken out of the Marriage and Divorce Bill in recognition of the fact that cohabitation does not amount to marriage and as such it should be addressed in a separate law Uganda seeks to comprehensively address cohabitation, including property rights.

.

The study on cohabitatron the issues that arise fr m The proposals that will emanate from the study should some of the legislative gaps identified in the UHRC report.
a The Commission carried out a review of laws relating to succ on.

Draft bills in relation to the Succession Act and the Administrator General's Act were submitted to the Ministry of Justice and Constitutional Affairs in 2074. s Bills have also been submitted in respect of The Administration of Estates of Persons of Unsound Mind Act, Cap.

155, the Administration of Estates (Sma1l Estates) (Special Provisions) Act, Cap.

156, The Estate of Missing Persons (Management) Act, Cap.
159 and the Probates (Resealing) Act, Cap.

160.

These proposals were submitted to the Minister in the financial year 2018119.

Many of the issues raised in relation to succession have been addressed b ose bills.

(.1 78 Committee observations 1 .)

The Committee observed that ULRC's approach to consult on contentious issues such as cohabitation and have them introduced through separate legislation a step in the right direction.
In recognition of the efforts so far undertaken by the ULRC, observed that the process of formulation of legislation relating to marriage, divorce and property has demonstrated the challenges of enacting social legislation.

Cognisant of the fact that social legislation challenges the core of societal belief, all processes leading up to its enactment require tactful handling to ensure that the views and interests of all are taken into consideration.

3.
3.

The Committee noted that the Succession (Amendm Bill, 2018 w S recently passed into law and adequately addresses ssrips rela to Sl'lCCCSSlON Recommendations There is need for all relevant etakeholders to accelerate the la f eform process to bring legislation in tandem with the Constitutional principles of non-discrimination and equality between men and women.
Therefore the Marriage and Divorce bi[ should be handled expedltiously to ensure that laws on marriage, divorce and property are compatible with international human rights obligations.
6.0 ISSUES RELATING TO GOVERNMENT COM ANNUAL REPORT RECOMMENDATIONS \_/ WITH UHRC (i) The Uganda Law Reform Commission and the Ministry of Justice and Constitutional Affairs should harmonise the Kampala Capital City Authority Act, Uganda Wildlife Authority Act and the National Environment Management Act to avoid contr ictions in their implementa tio l.;t t @; k-,r 79 RESFONSE The ULRC will identify the areas of contradiction and carry out requisite consultation with relevant stakeholders to address the contradictions.
(ii) Uganda Law Reform Commission should review the Public Order deemed to ewl Management Act, 2O13 to brlng lts provisions that infriage on the rights of Human Rights Defende human rights standards.

ln RESPONSE In response to the recommendation contained in the 16m Annual R the Commission has previously had discussions over this issue with various stakeholders.

It was a point of discussion in the UHRC 16ft Annual report, and the Commission gave an opinion on the Public Order Management Act.
The Commission also carried out post enactment advocacy with the Uganda Police Force on the Public Order Management Act in the financial year 201612017.

Copies of the Act were also reprinted and distributed.

The case of Human Rights Network & 4 others versus Attorney GeneraF6declared S.8 of the POMA unconstitutional.

The Commission will communicate the need for amendment of the olfending section to the Attorney General.

Committee Observations 1 .


The Committee observed that amendment of the Public Order Management law is critical for purposes of ensuring protection of the right of assembly.

2.

Although the right to assembly is not absolute, some of the limitations imposed by the Act are not demonstrably justiliable in a free and democratic society.

Therefore, it was noted that the import of Section r6 Constitutional Petition No.
56/2013 (M.*, 80 c) 8 of the Public Order Management Act, 2013 (POMA) is the same as Section 32(21 of the Police Act which the Court nullified in an earlier decision- In Constitutional petition No.

09 of 2OO5 Muwanga Kitrumbi V Attorneg General.

3.

Section 32(2) of the Police Act (nullified by the Court) granted the Inspector General of Police, or such designated ofhcer, powers to prohibit the convening of any assembly on reasonable grounds that the assembly is 1ike1y to cause a breach of peace.

4.
4.

Similarly, Section B of POMA grants the Inspector General of Police, or such designated officer, absolute discretion and broad authority to- stop or prevent the holding of a public meeting on reasonable grounds that is likely to cause a breach of peace; use of force and disperse public meetings as well as impose criminal liability on organizers and participants in public meetings.
Recommendations The Committee recommeuds amendment of the Public Orde Management Act, 2Ol3 to align it to internatio obligations relating to the freedom of assembly.

ndards a 7.O CONCLUSION It is hereby noted that the amendment of various laws has not been effecte te several recomrnendations.

Based on the recommendations from tJle UHRC, the Committee and other agencies, it is imperative that the Government of Uganda adopts a human rights sensilive approach to development.
Furthermore, Government should come up with a Human Rights certificate of complialce to all Ministries, Departments and Agencies (MDAs) of government before their budgets are considered and approved.

L The Committee also notes that oftentimes, recommendations are not acted upon.

It is therefore important that Government prioritises these recommendations and sets up an implementation strates/.

I beg to move ,/--.
I beg to move ,/--.

s N.- -,-1- 7 REPORT OF THE COMMITTEE ON HUMAN RIGHTS ON THE 2OTH REPORT OF THE UGANDA HUMAN RIGHTS COMMISSION NO NAME COIYSTITUENCY SIGN UR"E 1 2 Hon.

Egunyu Nantume Janepher (Chairperson) Hon.

Taaka Agnes Wejuli (Vice Chairpersonf Hon.

Nalule Safia Hon.

Okabe Patrick Hon.

Karungi Elizabeth Hon.

Amoding Monicah Hon.

Ayaka Rose Atima Buvuma Islands DWR Bugiri PWD National Serere Countv DWR Kanungu DWR Kumi DWR Maracha Hon.
Bwino Fred Kyakulaga Kigulu County North Hon.

Kasozi Joseph Muyomba Bukoto Mid-West 10 Hon.

Nsubuga Simeo Kassalda Cty South- @;,,.

11 Hon.

Osoru Mourine l2 'Ia Hon.

Kolou Andrew Hon.

Rwaboogo Sylvia DWR Arua Toroma Counry DWR Kabarole 14 Hon.

Ouma George Abbot Bukhooli County 15 Hon.

Akello Sylvia 16 Hon.

Sabiiti Denis DWR Otuke Rubanda West County T7 Hon.

Baguma Spellanza DWR Kyenjojo 18 Hon.

Bitangaro Sam Bufumbira County South 79 Hon.

Chelimo Reuben Paul Kongasis County 20 Hon.


Elotu Cosmas 2t Hon.

Baba James Boliba Dakabela County Koboko County (q.\ 22 Hon.

Onzima Godfrey a2 Hon.

Akello Lucy 24 Hon.

Muhindo Harold 25 Hon.

Osegge Angelline Aringa North County DWR Amuru Bukonzo East DWR Soroti 26 Hon.

Veronica Nanvondo DWR Bukomasimbi o'7 Hon.

Komakech Lyandro 2a Hon.

Fred Mudukoi 29 Hon.Ishma Mafabi Gulu Mun.

Butebo County Youth Eastern 30 Hon.

Kyagulanyi Ssentamu Kvadondo East 31 Hon.

Lydia Chekwel DWR Kween Hon.


Ssebaggala Abdulatif Kawempe South